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UNITED STATES v. GOWEN

No. 285.

40 F.2d 593 (1930)

UNITED STATES v. GOWEN et al.

Circuit Court of Appeals, Second Circuit.

April 14, 1930.

Attorney(s) appearing for the Case

J. Edward Lumbard, Jr., of New York City (Seymour B. Quel, of New York City, of counsel), for appellants.

Charles H. Tuttle, U. S. Atty., of New York City (Robert B. Watts, Asst. U. S. Atty., of New York City, of counsel), for the United States.

Before MANTON, SWAN and AUGUSTUS N. HAND, Circuit Judges.

SWAN, Circuit Judge (after stating the facts as above).

The major premise of the appellants' argument is that the Fifth Amendment protects every person against incrimination by the use of evidence obtained through unreasonable search or seizure in violation of rights secured to him under the Fourth Amendment. This is unassailable. Agnello v. United States, 269 U.S. 20, 34, 46 S.Ct. 4, 70 L. Ed. 145, 51 A. L. R. 409; Marron v. United...

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