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UNITED STATES v. OLMSTEAD

No. 9165.

7 F.2d 760 (1925)

UNITED STATES v. OLMSTEAD et al.

District Court, W. D. Washington, N. D.

September 21, 1925.

Attorney(s) appearing for the Case

Thomas P. Revelle, U. S. Atty., and C. T. McKinney, Asst. U. S. Atty., both of Seattle, Wash.

J. L. Finch, of Seattle, Wash., for defendants.

NETERER, District Judge (after stating the facts as above).

A submission to search or arrest will not impair the constitutional right (U. S. v. Slusser [D. C.] 270 F. 819; Youman v. Commonwealth, 189 Ky. 152, 224 S. W. 864, 13 A. L. R. 1303; Amos v. U. S., 255 U.S. 313, 41 S.Ct. 266, 65 L. Ed. 654), and courts will not consider the constitutional rights waived by not contesting by force the assumed right of official conduct, nor can...

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