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" If it appears that the property taken is not the same as that described in the warrant, or that there is no probable cause for believing the existence of the grounds on which the warrant was issued, the magistrate must cause it to be restored to the person... "
The Federal Reporter - Page 618
1922
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Federal Magistrates Act: Hearings Before the Subcommittee on Improvments in ...

United States. Congress. Senate. Judiciary - 1967 - 764 pages
...on its face, or (3) the property seized is not that described in the warrant, or (4) there was not probable cause for believing the existence of the grounds on which the warrant was issued, or (5) the warrant was illegally executed. The judge shall receive evidence on any issue of fact necessary...
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Task Force Report; Organized Crime: Annotations and Consultants' Papers

United States. Task Force on Organized Crime - Gangs - 1967 - 140 pages
...authorization or approval under which it was intercepted is insufficient on its face ; "(C) there was no probable cause for believing the existence of the grounds on which the order of authorization or approval was issued ; or " (E>) the interception was not made in conformity...
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Controlling Crime Through More Effective Law Enforcement: Hearings Before ...

United States. Congress. Senate. Judiciary - 1967 - 1318 pages
...was intercepted is insufficient on its face; (3) in the case of an order of a court, there was not probable cause for believing the existence of the grounds on which the order was issued ; or (4) the interception was not made in conformity witli the order or other authorization....
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United States Reports: Cases Adjudged in the Supreme Court, Volume 416

United States. Supreme Court, John Chandler Bancroft Davis, Henry Putzel, Henry C. Lind, Frank D. Wagner - Courts - 1973 - 1096 pages
...prepared by Professor Blakey provided this fourth ground warranting suppression in cases where there was no probable cause for believing the existence of the grounds on which the interception order was issued. Task Force Report: Organized Crime, supra, n. 7, at 111, §3803 (k)(l)(C)....
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British and Foreign State Papers

Great Britain. Foreign Office, Great Britain. Foreign and Commonwealth Office - Great Britain - 1921 - 1178 pages
...reduced to writing and subscribed by each witness. 16. If it appears that the property or paper taken ip not the same as that described in the warrant or that there is n<i probable cause for believing the existence of the grounds on which the warrant was issued, the...
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Annual Report on the Administration of the Territory of the Pacific Islands

Pacific Islands (Trust Territory) - 1951 - 654 pages
...if it appears that the property taken is the same as that described in the warrant and that there is probable cause for believing the existence of the grounds on which the warrant was issued, then the official shall order the same retained in the custody of the person seizing it or to be otherwise...
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New York Field Codes 1850-1865

New York (State). Commissioners of the Code, David Dudley Field - Admiralty - 1998 - 3652 pages
...testimony prescribed in this section, see sec. 203, p. 95. § 879. If it appear that the property taken is not the same as that described in the warrant,...of the grounds on which the warrant was issued, the magistrate must cause it to be restored to the person from whom it was taken. § 880. The magistrate...
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