Gouled v. United States
Supreme Court of the United States
CERTIFICATE FROM THE CIRCUIT COURT OF APPEALS FOR THE SECOND CIRCUIT. The case is stated in the opinion. Either actual force or legal compulsion is necessary to constitute an unreasonable search and seizure.- A search made by invitation or with consent, fredy given could not be called an unreasonable search.
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CERTIFICATE FROM THE CIRCUIT COURT OF APPEALS FOR THE SECOND CIRCUIT. The case is stated in the opinion. Either actual force or legal compulsion is necessary to constitute an unreasonable search and seizure.- A search made by invitation or with consent, fredy given could not be called an unreasonable search. The holding of Boyd v. United States, 116 U. S. 616, is that force' is a material ingredient in any unreasonable search and seizure,, though this need not always be physical force, but that such force is present when a legislative act requires the accused either to surrender his papers or…
1Opinion of the CourtJustice Clarke
In a joint indictment the plaintiff in error, Gouled, one Vaughan, an officer of the United States Army, and a third, an attorney at law, were charged, in the first count, with being parties to a conspiracy to defraud the United States, in violation of § 37 of the Federal Criminal Code, and, in the second count, with having used the mails to promote a scheme to defraud the United States, in violation of § 215 of that Code. Vaughan pleaded guilty, the attorney was acquitted, and Gouled, whom we shall refer to as the defendant, was convicted, and thereupon prosecuted error from the Circuit…
2Cases cited3 opinions
- Boyd v. United StatesSupreme Court of the United States · 1886
- Weeks v. United StatesSupreme Court of the United States · 1914
- Silverthorne Lumber Co. v. United StatesSupreme Court of the United States · 1920
3Cited by1,243 opinions
- Wong Sun v. United StatesSupreme Court of the United States · 1963
- Coolidge v. New HampshireSupreme Court of the United States · 1971
- Carroll v. United StatesSupreme Court of the United States · 1925
- Payton v. New YorkSupreme Court of the United States · 1980
- Simmons v. United StatesSupreme Court of the United States · 1968
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