QUANDT BREWING CO. v. UNITED STATES

No. 50.

47 F.2d 199 (1931)

QUANDT BREWING CO., Inc., et al. v. UNITED STATES.

Circuit Court of Appeals, Second Circuit.

January 5, 1931.


Attorney(s) appearing for the Case

Barkhuff & Conway, of Albany, N. Y., for appellants Quandt Brewing Co., Inc., and Nathan Ross.

James M. Noonan, of Albany, N. Y., for appellant Louis D. Levey.

Oliver D. Burden, U. S. Atty., of Syracuse, N. Y.

Before MANTON, AUGUSTUS N. HAND, and CHASE, Circuit Judges.


CHASE, Circuit Judge (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...

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