Herter v. United States

RUDKIN, Circuit Judge.

The legality of a search of a private dwelling without a search warrant is the only question presented for decision. It was conceded on the argument that the search was unlawful, unless the plaintiff in error waived his constitutional rights by consenting thereto, and this is manifestly true. Cola v. U. S. (C. C. A.) 22 F.(2d) 742, and cases there cited. The only testimony bearing on the question of consent was this:

One of the prohibition agents testified on direct examination that he called at the dwelling of the plaintiff in error for the purpose of purchasing…