Backer

The United States Attorney informed against the defendant, charging him with violating the National Prohibition Act (27 USCA) in maintaining a nuisance and possessing a quantity of intoxicating liquor.

The defendant petitions to exclude and suppress the evidence, quash the search warrant, and return property. The legality of the search warrant is questioned. Section 25 of title 2, of the National Prohibition Act (Title 27 USCA § 39) provides among other things that “no search warrant shall issue to search any private dwelling occupied as such unless it is being used for the unlawful sale of intoxicating liquor.” Affidavit for the search warrant was made by a federal prohibition agent who formally charged that one Louis Backer, alias Louis Baker, violated certain provisions of the National Prohibition Act and the Internal Revenue Laws.

Upon reading and considering the affidavit, I am of the opinion that it contains sufficient statements of evidentiary facts tending to show that defendant’s private dwelling was being used for the unlawful sale of intoxicating liquor. In support of his charge that the premises were being used in violation of law, the agent made oath that he…