United States v. Nagle

COOPER, District Judge.

TMs is a motion to vacate the search warrant and suppress the evidence.

The defendant controverted the search warrant before the issuing commissioner, William H. Hampton of Utica, and gave the testimony of himself and one Martin. No notice of such proceedings were given to the UMted States attorney and he did not appear therein. The prohibition agent affiant had died in the meantime and no testimony was given on behalf of the government. The commissioner held that the defendant had failed to show absence of probable cause and declined to vacate the search warrant,

The…