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UNITED STATES v. MAGGIO

51 F.2d 397 (1931)

UNITED STATES v. MAGGIO et al.

District Court, W. D. New York.

July 28, 1931.

Attorney(s) appearing for the Case

Richard H. Templeton, U. S. Dist. Atty., of Buffalo, N. Y. (Frederick T. Devlin, Asst. U. S. Dist. Atty., of Buffalo, N. Y., of counsel), for the United States.

Latona & Carlo, of Buffalo, N. Y., for defendants.

KNIGHT, District Judge.

Defendants are charged with the crime of knowingly transporting a quantity of intoxicating liquor, fit for beverage purposes, without obtaining a permit therefor. This is a motion to suppress the evidence gained by virtue of a search and seizure without a warrant, for the return of a quantity of alcohol and the truck in which the same was being transported. It is conceded by the government that the search and seizure was without probable cause...

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