Souza v. United States
Court of Appeals for the Ninth Circuit
A prohibition officer testified that the defendant lived in a house on the premises described; that at times prior to his entry of the cellar, witness noticed the odor of distillation and fermenting mash coming from the premises; that acting upon the information he had and the use of his own senses, he obtained a search warrant from a United States commissioner, and pursuant thereto entered and searched a dugout under the house; that defendant was not there; that he read the…
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A prohibition officer testified that the defendant lived in a house on the premises described; that at times prior to his entry of the cellar, witness noticed the odor of distillation and fermenting mash coming from the premises; that acting upon the information he had and the use of his own senses, he obtained a search warrant from a United States commissioner, and pursuant thereto entered and searched a dugout under the house; that defendant was not there; that he read the warrant to defendant’s wife; that he and other prohibition agents went through a small door underneath the side of the…
1Opinion of the CourtHunt, Circuit Judge
(after stating the facts as above). [1] Nearly two years elapsed between the time defendant entered his plea of not guilty and the date of the trial; yet not until the trial was progressing did defendant question the validity of the warrant, or search, or move to suppress, or object to, the use in evidence of the things that had been seized. In view of the fact that the search was made under the authority of a warrant issued by a commissioner, defendant’s objections to the validity of the search came too late to avail him.
There was no error in cross-examination of the defendant as to his…
2Cases cited3 opinions
- Glover v. United StatesCourt of Appeals for the Eighth Circuit · 1906
- Coyne v. United StatesCourt of Appeals for the Fifth Circuit · 1917
- Forni v. United StatesCourt of Appeals for the Ninth Circuit · 1925
3Cited by11 opinions
- Sanford v. United StatesCourt of Appeals for the D.C. Circuit · 1938
- Massenberg v. United StatesCourt of Appeals for the Fourth Circuit · 1927
- Moore v. United StatesCourt of Appeals for the Tenth Circuit · 1932
- Day v. United StatesCourt of Appeals for the Eighth Circuit · 1929
- Patterson v. United StatesCourt of Appeals for the Ninth Circuit · 1929
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