Legal Opinion

Earl v. United States

Court of Appeals for the Ninth Circuit

Decided March 23, 1925No. 4362PublishedCited by 15 opinions

1Opinion of the Court

GILBERT, Circuit Judge.

The writ of error here presents the question whether evidence relating to a large quantity of intoxicating liquor seized by federal prohibition ag’ents was admitted in violation of the constitutional rights of the plaintiffs in error. The seizure was made under a search warrant, but the sustaining affidavit for the warrant was insufficient to justify its issuance.

We are of the opinion that, under the circumstances disclosed in the evidence, a search warrant was unnecessary, and that the ease discloses no unreasonable search or seizure. The seizure was made in a garage,…

2Cases cited10 opinions

  1. Gavieres v. United StatesSupreme Court of the United States · 1911
  2. Massey v. United StatesCourt of Appeals for the Eighth Circuit · 1922
  3. United States v. RembertDistrict Court, S.D. Texas · 1922
  4. Singer v. United StatesCourt of Appeals for the Third Circuit · 1923
  5. Milam v. United StatesCourt of Appeals for the Fourth Circuit · 1924

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3Cited by15 opinions

  1. Carney v. United StatesCourt of Appeals for the Ninth Circuit · 1947
  2. In Re BehrensCourt of Appeals for the Second Circuit · 1930
  3. Koth v. United StatesCourt of Appeals for the Ninth Circuit · 1926
  4. People v. ShieldsCalifornia Court of Appeal · 1965
  5. United States v. ThomasDistrict Court, N.D. California · 1963

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