United States v. Kraus
District Court, S.D. New York
Separate criminal prosecutions by the United States against Arthur Kraus and others, against the Joseph Ajello Company, Incorporated, and others, and against Nathan Bornstein and others. On petitions by defendants in each case for the return of papers claimed to have been illegally seized.
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Separate criminal prosecutions by the United States against Arthur Kraus and others, against the Joseph Ajello Company, Incorporated, and others, and against Nathan Bornstein and others. On petitions by defendants in each case for the return of papers claimed to have been illegally seized. In each of these cases indictments have been found for violations of title 2 of the Volstead Act (41 Slat. 305), and these proceedings arise upon petitions by one of the defendants in each case for a return of papers seized by certain prohibition agents under the circumstances set forth, which occurred…
1Opinion of the CourtLearned Hand, District Judge
(after stating the facts as above). [1] Except for the character of the documents seized, the law in cases of unlawful searches is now well settled. Weeks v. U. S., 232 U. S. 383, 34 Sup. Ct. 341, 58 L. Ed. 652, L. R. A. 1915B, 834, Ann. Cas. 1915C, 1177; Silverthorne Lumber Co. v. U. S., 251 U. S. 385, 40 Sup. Ct. 182, 64 L. Ed. 319; Flagg v. U. S., 233 Fed. 481, 147 C. C. A. 367; Veeder v. U. S., 252 Fed. 414, 164 C. C. A. 338; United States v. Mills (C. C.) 185 Fed. 318. When seized, they must be returned, with them all copies taken while the officers retained their illegal possession.…
2Cases cited8 opinions
- Boyd v. United StatesSupreme Court of the United States · 1886
- Weeks v. United StatesSupreme Court of the United States · 1914
- Silverthorne Lumber Co. v. United StatesSupreme Court of the United States · 1920
- Hale v. HenkelSupreme Court of the United States · 1906
- Adams v. New YorkSupreme Court of the United States · 1904
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3Cited by40 opinions
- Go-Bart Importing Co. v. United StatesSupreme Court of the United States · 1931
- Hoyer v. StateWisconsin Supreme Court · 1923
- Louis Sager Hunsucker, Jr. v. Robert L. Phinney, District Director of Internal RevenueCourt of Appeals for the Fifth Circuit · 1974
- Clifford O. Boren, Delta M. Boren and Clifford O. Boren Contracting Co., Inc. v. Lloyd M. Tucker, Special Agent, Internal Revenue ServiceCourt of Appeals for the Ninth Circuit · 1957
- State v. OwensSupreme Court of Missouri · 1924
35 more not listed; retrieve them via the Exa API.