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267 U.S. 132 Supreme Court November 26, 1925 No. 15
There are on the statute books of the United States a number of laws authorizing search without a search warrant. Under the common law and agreeable to the Constitution search may in many cases be legally made without a warrant.
or other vehicle may be searched for without a warrant, we come now to consider under what circumstances such search may be made.
The usual rule is that a police officer may arrest without warrant one believed by the officer upon reasonable cause to have been guilty of a felony, and that he may only arrest without a warrant one guilty of a misdemeanor if committed
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277 U.S. 438 Supreme Court June 4, 1928 Nos. 493, 532 and 533Cited by 1,670 Overruled
The defendant was arrested by a police; officer without a warrant.
Neither the marshal nor the police officers had a search warrant. The defendant filed a petition in court asking the return of all his property.
At the trial he presented a petition asking that private property seized in a search of his house and store “ within his curtilage,” without warrant should be returned.
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275 U.S. 310 Supreme Court January 3, 1928 No. 226
New York state troopers, near the Canadian border; their automobile (while occupied by Gambino and therefore within the protection accorded to his person) was searched without a warrant; and intoxicating liquor found therein was seized
They moved seasonably, in advance of the trial and again later, for the Suppression of the liquor as evidence and for its return, on the ground that the arrest, the search and the seizure were without a warrant and without probable
S. 28, 34 , evidence obtained by state officers through search and seizure made without a warrant and without probable cause, but in the presence of a federal official, was held inadmissible.
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273 U.S. 28 Supreme Court January 3, 1927 No. 72
been recognized by this Court, nor can it be tolerated under our constitutional system, that evidences .of-crime discovered by a federal officer in making a séarch . without lawful warrant -may be used against the victim of *30
I met him after the warrant had been sued out, and asked him to go with me. I had the warrant at that time. It was in the police station of the city that I met Mr. Adams and requested him to come along.
He went with me from the city building on the search. As far as I know, he did not have any warrant or any authority to go into that residence other than the authority that I may have given him under the warrant I had.
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269 U.S. 20 Supreme Court October 12, 1925 No. 6
The evidence w,as excluded on the ground that the search and seizure were made without a search warrant.
The search and seizure were made by prohibition agents without a warrant.
And on that ground the court held the search and seizure without warrant justified.
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275 U.S. 192 Supreme Court November 21, 1927 No. 185
The United States contends that the seizure-may be justified either as an incident to the execution of the-search warrant, or as an incident to the *195 right of search arising from the arrest of Rirdsall whila in charge of the
C., provides that such warrant may issue as provided in Title 18, §§ 611 to 631 and § 633.
It provides that a search warrant may issue as provided in Title XI of the Espionage Act (June 15, 1917), 40 Stat. 217 , 228. Title XI is §§ 611 to 631 and § 633, Title 18, U. S. C.
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255 U.S. 298 Supreme Court February 28, 1921 No. 250Cited by 1,006 Overruled
to be used against him in a criminal or penal proceeding, but that they may be resorted to only when a primary right to such search and seizure may be found in the interest which the public or the complainant may have in the property
to be seized, or in the right to the possession of it, or when a Valid exercise of the police power renders possession of the property by- the accused unlawful and provides that it may be taken.
cause is made out sufficient to satisfy the law and the officer having authority to issue it, and we see no reason why property seized under a valid search warrant, when thus lawfully obtained by the Government, may not be used in
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275 U.S. 106 Supreme Court November 21, 1927 No. 195
Thereafter, counsel for the defendants moved to suppress the liquor, as evidence, on the ground that the search was without a warrant and did not appear to have been made upon probable cause, and, also, for the reason that, upon the
The results of the search *111 and seizure were shown by the testimony of the chief of police and of the other witnesses without any objection on behalf of the defendants; and thus was disclosed the fact that the defendants had
The motion made thereafter to suppress the liquor as evidence, on the ground that there had been an illegal search, did not include a motion to strike out the evidence of the witnesses as to what occurred when the car was stopped.
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247 S.W. 524 Court of Criminal Appeals of Texas November 22, 1922 No. 7136.
In that case a police officer, armed with a search warrant calling for a search for intoxicating liquors upon the premises of the defendant’s husband, took two letters which he found at the time.
search warrant.
Anderson (Idaho), 174 Pac., 124 , (Liquors found in car without warrant, admissible) ; Calhoun v. State, 144 Ga., (Liquor found by illegal search admissible); See Johnson v. State, 109 S. E. 662 ; State v.
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278 S.W. 1030 Supreme Court of Missouri December 30, 1925
After a search about town he found his car at the police station and was arrested and charged with having intoxicating *Page 219 liquor in his possession and transporting it.
We think it clear that, in the circumstances of this case, where the officers detected the odor of whiskey about the automobile, they had reasonable cause to search it without a warrant.
The fact that intoxicating liquor was found in the automobile is proof enough that the search of the car without a warrant was reasonable.
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214 P. 841 Washington Supreme Court April 19, 1923 No. 17641
Circumstances, however, may arise where it is not only within the power of the police officers, but it is their duty to make arrest without any warrant therefor.
and search without authority of a warrant of arrest, or a search warrant, as freely as he would have been so protected had he and his possession been actually inside his own dwelling; that is, his ‘private affairs’ were under the
” *370 It has always been held that a peace officer, when he makes a lawful arrest, may lawfully, without a search warrant, search the person arrested'and take from him any evidence tending to prove the crime with which he is charged
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150 N.E. 585 New York Court of Appeals January 12, 1926
He made a motion before trial to suppress the evidence obtained through search without a Warrant. The motion was denied.
A search warrant had been issued against the proprietor of a gambling house for the seizure of gambling implements. The police did not confine themselves to the things stated in the warrant.
made with warrant or without.
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145 Tenn. 544 Tennessee Supreme Court December 15, 1921
We had no warrant to search or seize the car or whisky, or for the arrest of either of the defendants.
The grounds of the exception to this evidence are: “That the parties in question had ho right to hold them up while traveling upon a public highway, and seize and search his car without a search warrant, and without knowing that he
Under our statute (Shannon’s Code, section 6997) an officer may without a warrant arrest a person for a public offense committed in his presence.
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150 N.E. 263 Illinois Supreme Court December 16, 1925 No. 16898. Judgment affirmed.
Concerning the first objection, plaintiff in error Morgan contends that he was illegally searched by the officers without a search .warrant, and that the court should therefore have ordered a return of the money.
It is the rule in this State, and generally, that where an arrest is made by an officer who has reasonable ground for believing that the person arrested is implicated in a crime, such officer has a right to arrest without a warrant
and to search the person arrested without a search warrant.
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133 N.E. 437 New York Court of Appeals November 22, 1921
Moving at from six to eight miles an hour, the car, without slackening, turned the curve. There was a violent lurch, and Herbert Wagner was thrown out, near the point where the trestle changes to a. bridge.
We find no warrant for thus shortening the chain of jural causes.
He could not know *182 the precise point at which his cousin had fallen from the car.
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282 F. 413 Ninth Circuit August 7, 1922 No. 3803
any search warrant and without any warrant for the arrest of the plaintiff in error—the automobile at the time having been parked by the plaintiff in error opposite the Grand Buffet and Grand Café, two business houses in Reno, and
Donnelley got up on the car and talked to him. I came up on the other side, and Mr. Payne got up on the same side of the car that I was on. “Q. Where did the car go? A, We rode around with him to the_ police station.”
It is conceded by counsel for the government that the search of one’s person, his home* his papers, or other effects, without a valid warrant is illegal, and that evidence so obtained cannot be used in support of a criminal charge
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278 F. 123 Fourth Circuit November 1, 1921 No. 1907
coat and search warrant for Elrod’s car on the mountain side, because I was unable to operate my car.
True, the warrant in terms directed search of the car for contraband liquor which was in it on May 18, 1920.
The statement of the constables that the warrant was procured with the view of making search in May is not conclusive that the search was illegal in June.
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239 P. 386 Washington Supreme Court October 2, 1925 No. 19186. Department One.
The last and final question is whether the officers had a right to search the car without a warrant authorizing them so to do.
Hughlett, 124 Wash. 366 , 214 Pac. 841 , it is said: “It has always been held that a peace officer, when he makes a lawful arrest, may lawfully, without a search warrant, search the person arrested and take from him any evidence
If a search may be made of the person or clothing of the person lawfully arrested, then it would follow that a search may also be properly made of his grip or suitcase which he may be carrying.
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260 U.S. 393 Supreme Court December 11, 1922 No. 549
The question is whether the police power can be stretched so far. Government hardly could go on if to some extent values incident to property could not b.e diminished without paying for every such change in the general law.
Some existing rights may be modified even in such a case. Rideout v. Knox, 148 Mass. 368 . But usually in ordinary private affairs the public interest does not warrant much of this kind of interference.
If in any case its representatives have been so short sighted as to acquire only surface rights without .the right of support, we see no more authority for supplying the latter without compensation than there was for taking the right
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29 F.2d 172 Second Circuit November 12, 1928 No. 112
Section 177 of the New York Code of Criminal Procedure provides that “a peace officer may, without a warrant, arrest a person, * * * for a crime, committed or attempted in his presence,” thus including all misdemeanors, whether or
Louis police without warrant, but it did not appear what the Missouri law was, or whether the crime had been committed in the officer’s presence.
W. 525 , involved an arrest without warrant for a federal misdemeanor not committed in the presence of the officer.
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