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UNITED STATES v. MILLER

47 F.2d 620 (1931)

UNITED STATES v. MILLER.

District Court, S. D. New York.

On Reargument, February 6, 1931.

Attorney(s) appearing for the Case

Blau, Perlman & Polakoff, of New York City (Moses Polakoff, of New York City, of counsel), for petitioner.

Robert E. Manley, Acting U. S. Atty., of New York City (William L. Taggart, Sp. Asst. U. S. Atty., of Washington, D. C., of counsel), for the United States.

PATTERSON, District Judge.

I agree with the commissioner's findings of fact. The agent saw the defendant place two half-barrels upon a truck. He asked the defendant what was on the truck and received the answer, "Beer." He then made a search of the truck and found that the barrels had no labels and contained beer. Upon these facts the commissioner concluded that there was no probable cause to search the truck and recommended that the motion to suppress be granted...

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