(dissenting) .
I would affirm the judgment of the District Court. Admittedly the affidavit, as the District Judge pointed out, “could be much stronger,” but it does show that a known suspect who was under surveillance followed a set pattern of conduct. He spent set periods of time daily at an apartment where no legitimate business was known to be conducted, regularly picking up a “scratch sheet” on his way in. The telephone, listed in the name of his brother Ralph, was answered “Ricky” which was not the name of the defendant or his brother. To the affiant who was experienced in the ways of wagering operations, this pattern was significant, and he said so in his, affidavit. The Commissioner was justified in issuing a search warrant.