Legal Opinion

Flagg v. United States

Court of Appeals for the Second Circuit

Decided May 9, 1916No. 196PublishedCited by 51 opinions

In Error to the District Court of the United States for the Southern District of New York. Jared Flagg was convicted of devising a scheme to defraud and using the mails in furtherance thereof, contrary to Criminal Code, § 215, and he brings error.

Read the full summary

In Error to the District Court of the United States for the Southern District of New York. Jared Flagg was convicted of devising a scheme to defraud and using the mails in furtherance thereof, contrary to Criminal Code, § 215, and he brings error. This writ of error seeks to review a judgment of conviction upon six counts of the indictment charging the defendant with having violated section 215 of the Criminal Code, in that he devised a scheme to defraud and used the mails in furtherance thereof.

1Opinion of the Court

COXE, Circuit Judge.

The defendant insists that he was convicted by methods prohibited by the fundamental law of the land. The Fourth Amendment to the federal Constitution provides:

“The right oí the people to bo secure in their persons,'houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the person or things to be seized.”

*482The Fifth Amendment provides, inter alia, that no person — -

“shall be compelled in any…

2Cases cited4 opinions

  1. Boyd v. United StatesSupreme Court of the United States · 1886
  2. Weeks v. United StatesSupreme Court of the United States · 1914
  3. Twining v. New JerseySupreme Court of the United States · 1908
  4. Adams v. New YorkSupreme Court of the United States · 1904

3Cited by51 opinions

  1. Elkins v. United StatesSupreme Court of the United States · 1960
  2. Byars v. United StatesSupreme Court of the United States · 1927
  3. Gambino v. United StatesSupreme Court of the United States · 1928
  4. Nueslein v. District of ColumbiaCourt of Appeals for the D.C. Circuit · 1940
  5. United States v. SlusserDistrict Court, S.D. Ohio · 1921

46 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API