Owen J. Roberts

“ While a dwelling used as a manufactory or headquarters for merchandising may well be and doubtless often is the place of sale, its use for those purposes is not alone probable cause for believing that actual sales are there made. ”

“ The assertion is that the warrant is void for failure to observe the statutory requirement that it state the 'particular grounds or probable cause' for issuance, and for the further reason that it is based on affidavits which do not 'set forth the facts tending to establish the grounds of the application or probable cause for believing that they exist.' [3] We need not consider the alleged defect of the warrant, as we think the objection to the affidavits well taken, and the warrant consequently without lawful foundation. ”

“ The broad construction of the act by the Court of Appeals unduly narrows the guaranties of the Fourth Amendment, in consonance with which the statute was passed. Those guaranties are to be liberally construed to prevent impairment of the protection extended. ”