Miller v. United States

The plaintiffs in error were convicted under an indictment, in three counts, which charged them with unlawful manufacture of intoxicating liquors, unlawful possession of intoxicating liquors, and the maintenance of a common nuisance by keeping and selling intoxicating liquors. According to the testimony they were single men and occupied a dwelling house, the basement of which was accessible from the story above, and also accessible through a door from the outside. Prohibition agents under a search warrant searched the premises and found thereon a large quantity of fermented and fermenting wine and other liquors. Upon the hearing of the petitions of each of the plaintiffs in error for the suppression of such evidence, the court below, while ruling that the affidavit on which the search warrant was issued was insufficient to support the same, held the evidence admissible on the ground that the prohibition officers had visible and other evidence of the presence of intoxcating liquors on the premises before the search and seizure were made, and visible evidence of the commission in their presence of an offense against the United States. Error is assigned to that ruling.

The affidavit…