UNITED STATES v. LODAHL

Cr. No. 4212.

264 F.Supp. 927 (1967)

UNITED STATES of America, Plaintiff, v. Harley Eugene LODAHL, Defendant.

United States District Court D. Montana, Missoula Division.

March 7, 1967.


Attorney(s) appearing for the Case

Moody Brickett, U. S. Atty., Donald Douglas, Asst. U. S. Atty., Butte, Mont., for plaintiff.

J. Robert Riley, Missoula, Mont., for defendant.


OPINION

RUSSELL E. SMITH, District Judge.

The defendant, Harley Eugene Lodahl, was indicted for possessing an unregistered still.1 He now moves to suppress the still and other evidence seized by the United States on Fourth Amendment grounds.

The evidence was seized by the United States pursuant to a search warrant issued by a United States Commissioner on the basis of an affidavit signed by

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