LOUDERBACK, District Judge.
This matter arises on motion to suppress evidence, it being contended by the defendants that the search warrant issued in this matter was a day or nighttime search warrant and was issued without probable cause. The contention is that the affidavit upon which the warrant was based is insufficient.
The law requires a positive assertion as to the presence of intoxicating liquor within the premises to be searched. Espionage Act, 40...
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