People v. Jenkins

On October 13, 1972, this court filed a decision denying defendant’s motion to suppress the evidence seized by the police, upon the ground that an erroneous return does not convert a legal search warrant into an illegal one, the police officer’s return and inventory being a ministerial act; and upon the further ground that the affidavit upon which the search warrant was based clearly spelled out probable cause for the issuance of the warrant.

On October 20, after the filing of the decision herein referred to, the defense counsel, Philip C. Scarpino,. Esq., filed a reply affidavit in further…