In re Hollywood Cabaret

Full title: In re HOLLYWOOD CABARET. In re SILVER SLIPPER CABARET

Court: Circuit Court of Appeals, Second Circuit

Date published: Mar 2, 1925

Facts

In the matter of the application for a search warrant affecting premises known as the Hollywood Cabaret, and in the matter of the application for a search warrant affecting premises known as the Silver Slipper Cabaret. Motions by George Hammond and others in the first proceeding, and by the Silver Slipper Corporation and others in the second proceeding, to vacate search warrants and for return of property seized thereunder, were denied, and movants brought an error. Reversed and remanded.

These appeals are from orders denying motions made by the respective plaintiffs in error to vacate search warrants and to direct the return of the property seized thereunder.

Issue

Decision

And if A. enters the department store of John Wanamaker’s or of Macy’s and finds them selling books on December 1st, he would be justified in making an affidavit two or three weeks later that both of those stores then had books on their premises. In the same way, if A. enters a night resort and buys liquor and finds there persons who show plainly that they are under the influence of liquor, and the appearances all indicate that it is the business of that place to dispense liquor just as it is of Wanamaker’s or Macy’s to sell books, he is justified in being positive three weeks later that liquor is on the premises.

I think the order should be affirmed.

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