United States v. Shules

SWAN, Circuit Judge.

Reversal is -asked upon the ground that the evidence upon which the appellant was convicted was obtained by an illegal search. On the afternoon of March 7, 1931, two prohibition agents visited premises known as the Park Hotel in Frankfort, N. Y., and, after being denied admittance by the defendant, forced an entrance and searched the building. No alcoholic beverage was found in the hotel building itself, but in a shed at the rear of the premises 200 pint bottles of home brew beer of prohibited alcoholic content were discovered and seized. The agents had no warrant, and the…