People v. Roberto

A search warrant was issued by John J. Bob, Village Justice, Bellport, New York on August 25, 1968 authorizing a search of the premises situated in Patchogue, New York. The affidavit submitted in support of the search warrant was executed by Detective David L. Brown, attached to the Suffolk County Police Department. No issue is raised by defendant as to the veracity of the affiant police officer. The defendant’s motion to suppress is grounded on the following contentions:

1. There was insufficient probable cause to authorize issuance of the search warrant.

2. That the Village Justice Court…