Nestori
United States v. Nestori
Opinion
Lead Opinion
Kerrigan, J.
These are motions to suppress evidence, based in each ease on the ground that the warrant by virtue of which search was conducted and the evidence obtained is null and void. The direction in each warrant was to a particular agent as “Divisional Chief, General Prohibition Agents, Division No. 18, the State of California,” or as “General Prohibition Administrator,” in and for said state, “and to his assistants, agents, and inspectors and any or either of them.” The objection is that there is no class of officers known to the laws of the United States as assistants, or as agents, or as inspectors, either of Divisional Chiefs of General Prohibition Agents, or of General Prohibition Administrators.
Defendants .rely entirely on Leonard v. United States, 6 F.(2d) 353, 355 , where the Circuit Court of Appeals for the First Circuit recently held that search warrants directed to an individual as federal prohibition or general federal prohibition agent, “and his assistants or any or either of them,” were invalid for the reason put forward against the validity of the process now questioned.
*571 The question of the authority of a prohibition agent personally to receive and execute search…