People v. . Diamond
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered January 13, 1922, which reversed an order of Special Term denying a motion for an order directing the property clerk of the police department of the city of New York to return forty-six barrels of wine and granted said motion.
1Opinion of the Court
Pound, J.:
The question in this case is as to' the proper procedure as to notice under Code of Criminal Procedure, section 802b, subdivision 6 (State Prohibition Enforcement Act, L. 1921, ch. 156) when liquor is seized without a warrant. On June 23, 1921, no question of illegal search being involved (cf. Gouled v. U. S., 255 U. S. 298; Amos v. U. S., 255 U. S. 313), a seizure was made by a peace officer without a warrant of forty-four barrels filled with wine and two partly filled, the property of Emanuel Ritsos. The officer’s return was made to Special Term, Part II, of the Supreme Court, on…
2Cases cited8 opinions
- Gouled v. United StatesSupreme Court of the United States · 1921
- Amos v. United StatesSupreme Court of the United States · 1921
- J. W. Goldsmith, Jr.-Grant Co. v. United StatesSupreme Court of the United States · 1921
- State v. O'NeilSupreme Court of Vermont · 1885
- State v. LeClairSupreme Judicial Court of Maine · 1894
3 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- R. A. Holman & Co., Inc. v. Securities and Exchange CommissionCourt of Appeals for the D.C. Circuit · 1962
- People v. EspositoNew York Court of Special Session · 1922
- United States v. Nine 200-Barrel Tanks of BeerDistrict Court, D. Rhode Island · 1925
- People v. . Three Barrels FullNew York Court of Appeals · 1923
- In re the Probate of the Will of ThompsonNew York Surrogate's Court · 1948
11 more not listed; retrieve them via the Exa API.