The opinion of the court was delivered by: KALODNER
At 8:55 P.M. on November 13, 1941, two agents of the Alcohol Tax Unit pushed in the partly open door of a one-story garage attached to a private dwelling, and placed the defendants herein under arrest. At the same time, they searched the garage, and seized the following articles:
33 five-gallon cans of liquor
1 fifty-pound box of yeast
14 or 15 fifty-pound bags of chemicals
20 one-hundred pound bags of sugar
All the articles were in the garage.
The defendants, in their separate petitions to suppress, claimed that the search and seizure were unlawful, being in contravention of the Fourth and Fifth Amendments to the Constitution of the United States.
The government agents had had the garage under observation from July 30, 1941, to the date of the arrest, November 13, 1941. At various times within that period, they had observed one or the other, or both, defendants driving to and from the garage in the seized Buick automobile. At times, the Buick automobile left the garage unloaded, and with the rear seat missing from the car, and returned heavily loaded and with its contents covered by a blanket. On the day of the arrest, Esposito took a fifty-pound carton of yeast from the car into the garage. Both defendants were well-known to the officers as liquor law violators; the officers were well-known to the defendants; and both defendants had been arrested numerous times theretofore for violation of the Internal Revenue Laws.
(a) They were lessees of the garage;
(b) The search and seizure was made without ...