UNITED STATES v. VOTTIERO


25 F.2d 346 (1928)

UNITED STATES v. VOTTIERO.

District Court, S. D. New York.

March 15, 1928.


Attorney(s) appearing for the Case

Charles H. Tuttle, U. S. Atty., of New York City (Arthur H. Schwartz, Asst. U. S. Atty., of New York City, of counsel), for the United States.

Edward W. McDonald, of New York City, for defendant.


ESTES, District Judge.

The defendant has made application to vacate a warrant that authorized the search of certain premises in the city of New York, alleged to be his home. There is no controversy respecting the facts, and the issue presented is whether the affidavit on which the warrant was issued is sufficient as a matter of law to authorize the search of the premises referred to, and incidentally whether the seizure of an automobile, also containing liquors, that...

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