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UNITED STATES v. THOMAS

No. 6111.

294 A.2d 164 (1972)

UNITED STATES, Appellant, v. Constance THOMAS et al., Appellees.

District of Columbia Court of Appeals.

Decided June 23, 1972.

Attorney(s) appearing for the Case

Guy H. Cunningham, III, Asst. U. S. Atty., with whom Harold H. Titus, Jr., U. S. Atty., John A. Terry and Richard L. Beizer, Asst. U. S. Attys., were on the brief, for appellant.

Steven P. Lockman, appointed by this court, with whom Joseph Roland Copeland, William W. Taylor, III, and Joel H. Skirble, were on the brief, for appellees.

Before HOOD, Chief Judge, and KELLY and NEBEKER, Associate Judges.

NEBEKER, Associate Judge:

This appeal, brought by the Government from an adverse ruling on a motion to suppress, presents a question as to the nature of the averments required for the issuance of a nighttime search warrant pursuant to 21 U.S.C. § 879(a) (1970).1 The Government contends that such a search warrant requires a showing of probable cause. The trial court in rejecting the Government's view required more than was shown and...

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