Quandt Brewing Co. v. United States

(after stating the facts as above).

The validity of the search warrant is attacked on the ground that it was issued without probable cause, and, as much of the evidence in this case was obtained by means of the search under it, that question must be decided. It was based on an affidavit executed by two prohibition agents, which showed that at about 9 p. m. on June 4, 1929 again at about 9:30 p. m. on June 5, 1929, and again at about 6:40 p. m. on the following day they visited the neighborhood of the premises and each time heard machinery in operation, smelled a strong odor of fermenting mash…