Legal Opinion
United States v. Casino
District Court, S.D. New York
Decided February 14, 1923PublishedCited by 50 opinions
1Opinion of the CourtDearned Hand, District Judge
(after stating the facts as above). The affidavit on which the warrant was granted did not allege that on April 17, 1922, the liquor was still in the garage, though the return and this motion both show that this was the fact. The question is, then, whether it was enough, to j'ustify a search two days later, that a truck had gone into the petitioner’s garage loaded with liquor. Had the agent seen the liquor unloaded from the truck, that would be some evidence of illegal possession by the owner of the garage. Had he waited, and the truck come out empty, that, too, would have been some evidence,…
2Cases cited22 opinions
- Silverthorne Lumber Co. v. United StatesSupreme Court of the United States · 1920
- Collins v. MillerSupreme Court of the United States · 1920
- Grin v. ShineSupreme Court of the United States · 1902
- Todd v. United StatesSupreme Court of the United States · 1895
- Ocampo v. United StatesSupreme Court of the United States · 1914
17 more not listed; retrieve them via the Exa API.
3Cited by50 opinions
- Go-Bart Importing Co. v. United StatesSupreme Court of the United States · 1931
- Cogen v. United StatesSupreme Court of the United States · 1929
- Samuel Rosencranz v. United States of America, Anthony Dipietro v. United StatesCourt of Appeals for the First Circuit · 1966
- Carroll v. United StatesCourt of Appeals for the Second Circuit · 1927
- New Hampshire Fire Insurance v. ScanlonSupreme Court of the United States · 1960
45 more not listed; retrieve them via the Exa API.