Cheng Wai v. United States

This proceeding to suppress evidence was commenced by an order to show cause directed to the United States attorney, and was heard upon supporting and opposing affidavits. The petition alleged that in the early morning of April 11, 1941, federal narcotic agents broke into the room where the petitioner was sleeping, searched his apartment without a warrant, found narcotics which belonged to him and placed him under arrest. In justification of their conduct the agents filed affidavits asserting that they detected the odor of opium coming from the apartment, and while one of them remained at the…