United States v. John Joseph Raftery

Appellee, John Joseph Raftery, was charged in an indictment with perjury before a grand jury in violation of 18 U.S.C. § 1623 . The district court denied his motion to dismiss the indictment, but granted his motion to suppress evidence seized in a prior criminal prosecution in state court. The Government has appealed from the suppression order. The indictment is pending, awaiting the outcome of this appeal.

Based upon an affidavit of a Nevada narcotics agent, a California Justice of the Peace on September 12, 1972 issued a warrant to search Raftery’s residence in Squaw Valley. Federal, Nevada and California law enforcement officers had received information that “hashish oil” (liquid marijuana resin) was being manufactured in the residence. The warrant found “probable cause” and commanded the officers “to make immediate search in the daytime (or at any time of the day or night, good cause being shown therefor) of the premises”. The warrant was issued at 9:30 P.M. State and federal officers executed the warrant at 6:15 A.M. on the morning of September 13. They found Raftery and six other persons at the residence, a large quantity of equipment used for refining hashish, a…