People v. Brown

There has grown up in this court and its predecessors a countenanced practice of defendants’ bringing on motions “ to controvert ” search warrants. Its development, I am told, dates from a time when none of the older members of this court had yet graced its Bench. But historically the practice has received the undeviating approbation of those Judges assigned primarily to the trial of “ Gamblers” cases, in which the attack on search warrants has been most prolific. The court, then, has generally given, and still does give, reciprocally perfunctory treatment to section 807 of the Code of…