United States v. Bateman
District Court, S.D. California
L. L. Bateman was charged with violating the National Prohibition Act. On motion of the defendant for the return of property seized without lawful search warrant.
1Opinion of the Court
TRIPPET, District Judge.
The question raised by this motion is whether or not a prohibition enforcement officer can stop an automobile on a public highway and search it for intoxicating liquors, without the consent of the driver of the automobile, and without any warrant for arrest or search. This proposition involves the interpretation of the Fourth, Fifth, and Eighteenth Amendments to the Constitution of the United States. These amendments are of equal force and importance. It is plain that the Eighteenth Amendment cannot be enforced without legislation to enforce it, but as to the Fourth…
2Cases cited4 opinions
- Ex parte MorrillUnited States Circuit Court · 1888
- United States v. FentonDistrict Court, D. Montana · 1920
- United States v. WelshDistrict Court, S.D. New York · 1917
- United States ex rel. Soeder v. CrossenDistrict Court, E.D. Pennsylvania · 1920
3Cited by23 opinions
- State v. OwensSupreme Court of Missouri · 1924
- People v. CaseMichigan Supreme Court · 1922
- Welchek v. StateCourt of Criminal Appeals of Texas · 1922
- United States v. KaplanDistrict Court, S.D. Georgia · 1923
- United States v. RembertDistrict Court, S.D. Texas · 1922
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