Legal Opinion

United States v. Friedman

District Court, E.D. Pennsylvania

Decided September 28, 1920No. Nos. 87, 168PublishedCited by 10 opinions

L. Friedman and John N. Nesby were arrested for violation of the-National Prohibition Act. On petitions by defendants to have restored to them property taken from them under search warrants and to quash the search warrants.

1Opinion of the Court

THOMPSON, District Judge.

[1] The petitions in each case aver that the search warrants issued and the seizure thereunder are void and illegal, because the affidavit on which the warrant was issued does not set forth facts upon which the commissioner could find probable cause. The affidavits in each case are made by a federal prohibition agent and set out that the premises in each case are occupied as a ■saloon and dwelling, and that on a day and at an hour stated the affiant purchased intoxicating liquor, to wit, whisky, in one case two drinks and in the other case one drink, containing…

2Cited by10 opinions

  1. Rose v. United StatesCourt of Appeals for the Sixth Circuit · 1921
  2. Gandreau v. United StatesCourt of Appeals for the First Circuit · 1924
  3. State v. BassTennessee Supreme Court · 1925
  4. In re Hollywood CabaretCourt of Appeals for the Second Circuit · 1924
  5. In Re No. 32 East Sixty-Seventh StreetCourt of Appeals for the Second Circuit · 1938

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