Rothman v. Campbell

MACK, Circuit Judge.

On February 28, 1930, police officers of the city of New York, aeting without a search warrant, entered and searched plaintiff’s restaurant in Manhattan, seized certain liquors, and arrested plaintiff on a charge of violating the National Prohibition Act. The liquors were turned over to defendant, as prohibition administrator, and are now in his possession. On March 12, 1930, plaintiff appeared before the United States commissioner for the Southern district of New York and successfully challenged the legality of the seizure and arrest, and thereby secured his discharge. He…