Thomas

This is a criminal prosecution for an alleged violation of the federal laws relating to distilled spirits (Chapter 51 of Title 26 U.S.C.). Defendant John Alex Becker has moved, pursuant to Rule 41 (e) of the Federal Rules of Criminal Procedure, to suppress certain evidence which was seized by the Alcohol and Tobacco Tax Division of the Internal Revenue Service on October 12, 1962. Becker has been charged, in a three-count indictment, with violations of §§ 5601(a) (1) [possession of an unregistered still or distilling apparatus], 5601(a) (6) [producing distilled spirits on prohibited premises], and 5601(a) (7) [unlawful production and use of materials fit for production of distilled spirits] of the Internal Revenue Code (Title 26 U.S.C.).

In response to an affidavit by one Herbert A. Rigge, an investigator for the IRS, the United States Commissioner issued a search warrant, the interpretation of which is crucial to this motion. Said warrant bore the following caption:

The body of the warrant stated, inter alia, that the affiant had reason to believe that,

certain unregistered distilling apparatus was being concealed.

Pursuant to said warrant, a number of state and federal…