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Schutte v. United States

Schutte v. United States, 21 F.2d 830 (6th Cir. 1927)
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Court
Court of Appeals for the Sixth Circuit · U.S. Courts of Appeals
Decided
October 15, 1927
Docket
No. 4916
Judges
Denis, Moorman, Hickenlooper
Citations
21 F.2d 8301927 U.S. App. LEXIS 2778

Opinion — Per Curiam

PER CURIAM.

Affirmed. In the search of a dwelling made by consent, no search warrant is necessary. Gatterdam v. U. S., C. C. A. 6, 5 F.(2d) 673, 674 . As to whether such consent was freely given, there was a question of fact. The court found as a fact that consent,-was given and without, any duress.; this conclusion was amply supported by the evidence; no question of law thereon remains for review.

We cannot think that the statute of 1921 (U. S. Code, tit. 18, § 53 [18 USCA § 53]) intended to penalize a search to which the householder voluntarily agreed, much less, to make inadmissible evidence thus found. See U. S, v. Lindsly (D. C.) 7 F.(2d) 247 .

Such possession as was here shown may constitute an offense separate from manufacture or sale (Albrecht v. U. S., 273 U. S. 1 , 47 S. Ct. 250 , 71 L. Ed. 505 ); and by the terms of the act (section 33, National Prohibition Act [27 USCA § 50; Comp. St. § 10138%t]), possession of liquor is prima facie evidence that it was kept for the purposes of sale, and hence that a nuisance was being maintained.

Regardless of the confession to which objection was made, the evidence made guilt practically indisputable.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1938: 11944: 11945: 11952: 11962: 11963: 119382026peak 1938 · 1

Relies on it most ⓘ

  1. United States v. Ernest T. Page302 F.2d 81 (9th Cir. 1962)
  2. Commonwealth v. Gockley192 A.2d 693 (Pa. 1963)
  3. United States v. Bianco96 F.2d 97 (2d Cir. 1938)
  4. Grice v. United States146 F.2d 849 (4th Cir. 1945)
  5. Bowles v. Joseph Denunzio Fruit Co.55 F. Supp. 9 (W.D. Ky. 1944)
  6. United States v. Haas106 F. Supp. 295 (W.D. Pa. 1952)

Most recent

  1. Commonwealth v. Gockley192 A.2d 693 (Pa. 1963)
  2. United States v. Ernest T. Page302 F.2d 81 (9th Cir. 1962)
  3. United States v. Haas106 F. Supp. 295 (W.D. Pa. 1952)
  4. Grice v. United States146 F.2d 849 (4th Cir. 1945)
  5. Bowles v. Joseph Denunzio Fruit Co.55 F. Supp. 9 (W.D. Ky. 1944)
  6. United States v. Bianco96 F.2d 97 (2d Cir. 1938)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 3

DepthCaseCited by
Albrecht v. United States, 273 U.S. 1 (1927) 374
Gatterdam v. United States, 5 F.2d 673 (6th Cir. 1925) 25
United States v. Lindsly, 7 F.2d 247 (E.D. La. 1925) 15

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