UNITED STATES v. COSTANZO


13 F.2d 259 (1926)

UNITED STATES v. COSTANZO et al.

District Court, W. D. New York.

February 8, 1926.


Attorney(s) appearing for the Case

Samuel M. Fleischman, of Buffalo, N. Y., for the motion.

Richard H. Templeton, U. S. Atty., of Buffalo, N. Y. (Percy R. Smith, Asst. U. S. Atty., of Buffalo, N. Y., of counsel), opposed.


HAZEL, District Judge.

There was no offense committed in the presence of the police officers entering the dwelling house of the defendant. They had no search warrant, and defendant was not legally arrested; indeed, no facts and circumstances existed affording reasonable grounds for believing that the accused was violating the National Prohibition Act (Comp. St. Ann. Supp. 1923, § 10138¼ et seq.). Seizure of articles under the Fourth Amendment to the Constitution...

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