Summary
In Veeder v. United States, 252 Fed. 414, the circuit court of appeals, speaking through the late Justice Baker, says concerning a search warrant issued on information and belief: "No search warrant shall be issued unless the judge has first been furnished with facts under oath, not suspicion, beliefs or surmises, but facts which, when the law is properly applied to them, tend to establish probable cause for believing that the legal conclusion is right. The inviolability of the accused's home is to be determined by the facts, not by rumor, suspicion or guesswork.
Summary of this case from The People v. EliasOpinion
No. 6280.
September 11, 1937.
Appeal from the District Court of the United States for the Northern District of Illinois, Eastern Division.
Samuel A. Ettelson, Edward C. Higgins, Carl J. Appell, and Erwin M. Treusch, all of Chicago, Ill., for appellant.
Michael L. Igoe, of Chicago, Ill., for appellees.
Before EVANS and SPARKS, Circuit Judges.
This cause coming on to be heard upon the motion of the appellant herein for the entry of an order dismissing the said cause, it appearing to the court that the appellees herein have not filed their appearances in this cause, and the court being fully advised in the premises, it is ordered that the said appeal be, and the same is hereby, dismissed without costs to either party, all costs to the date hereof having been paid by the said appellant.