Legal Opinion

United States v. Helbock

District Court, D. Oregon

Decided April 2, 1948No. Civ. C-17040PublishedCited by 8 opinions

1Opinion of the Court

McCOLLOCH, District Judge.

Government agents have shown an alarming tendency of late to enter private homes.

This reflects, I think, the bad breakdown in constitutional standards under OPA and other wartime agencies, although I must confess I do not recall a single instance where OPA attempted to enter a private home.

There are so many constitutional defects in the search and seizure procedure followed by the inspector in this case, I will not attempt to enumerate them. It suffices that a postal inspector has no authority to make an arrest. It follows he has no authority either to make a search…

2Cases cited2 opinions

  1. United States v. One PackageCourt of Appeals for the Second Circuit · 1936
  2. United States v. One PackageDistrict Court, S.D. New York · 1936

3Cited by8 opinions

  1. United States v. WatsonSupreme Court of the United States · 1975
  2. David W. Wion v. United StatesCourt of Appeals for the Tenth Circuit · 1963
  3. Rodney Leon Alexander v. United StatesCourt of Appeals for the Fifth Circuit · 1968
  4. United States v. ModerackiDistrict Court, D. Delaware · 1968
  5. James Vernon Ward v. United StatesCourt of Appeals for the Ninth Circuit · 1963

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