Marron v. United States

delivered the opinion of the ' Court.

October 17, 1924, the above named petitioner, one Birdsall, and five others were indicted in the southern division of the northern district of California. . It was charged that they conspired to commit various offenses against the National'Prohibition Act, including the maintenance of a nuisance at 1249 Polk Street, San Francisco. § 37 Criminal Code (U. S. C., Tit. 18, § 88). One defendant was never apprehended; one was acquitted; the rest were found guilty. Of these, Marrón, Birdsall, and two others obtained review, in the Circuit Court of Appeals. The judgment .was affirmed as to all except petitioner. He secured reversál and a new trial. 8 F. (2d) 251 ., He was again found guilty; and the conviction was affirmed. 18 F. (2d) 218 .

Petitioner insists that a ledger and certain bills were obtained through an illegal search and seizure and put in evidence, against him in violation of the Fourth and Fifth Amendments. The question arose at the first trial. The Circuit Court of Appeals held that the book and papers were-lawfully seized and admissible. When the second, conviction was before it, that court held the earlier decision governed the trial, established the law of the case, and foreclosed further consideration.

For some time prior to October 1, 1924, petitioner was the lessee of the entire second floor of 1249 Polk Street. On that day a prohibition agent obtained from a United States commissioner a warrant' for the search of that place, particularly describing the things to be seized — ■ intoxicating liquors and articles for their manufacture. The next day, four prohibition agents went to the place and secured admission by causing the doorbell to be rung. There were six or seven rooms containing slot machines,

It has long been settled that the Fifth Amendment protects every person against incrimination by the use of evidence obtained through search or seizure made in violation of his rights under the Fourth Amendment. Agnello v. United States, 269 U. S. 20 , 34, and cases cited.

The petitioner insists th$t because the ledger -and bills were not described in the; warrant and as he .was not arrested with them on his person, their seizure violated the Fourth Amendment. The United States contends that the seizure-may be justified either as an incident to the execution of the-search warrant, or as an incident to the

1. The Fourth Amendment declares that the right to be secure against unreasonable searches shall not be violated, and it further declares that “no Warrants shall issue, hot upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched and the persons or things to be seized.” General searches have long been deemed to violate fundamental rights. It is plain that the Amendment forbids them. In Boyd v. United States, 116 U. S. 616 , Mr. Justice Bradley, writing for the court, said (p. 624): “ In order to ascertain the nature of the proceedings intended by the Fourth Amendment to the Constitution under the terms ‘ unreasonable searches and seizures/ it is only necessary to recall the contemporary or then recent history of the controversies on the subject, both in this country and in England. The practice had obtained in the colonies of issuing writs of assistance to the revenue officers, empowering them, in their discretion, to search suspected places for smuggled goods, which James Otis pronounced ‘the worst instrument of arbitrary, power, the most destructive of English liberty, and the fundamental principles of law, that éver was found in an English law book; ’ since they placed * the liberty of every man in the hands of every petty officer.’ ” And in Weeks v. United States, 232 U. S. 383 , Mr. Justice Day, writing for the court, said (p.- 391): “ The effect of the Fourth Amendment is to put the courts of the United States and Federal officials, in the

The Government relies on Adams v. New York, 192 U. S. 585 . That was a prosecution, in a state court. It involved no search or seizure under a law, or by an officer, of the United States. Adams was convicted of having gambling paraphernalia in violation of the Penal Code of New' York. It appeared that he occupied an office where were his desk, trunk, tin boxes and other articles. Officers came and stated that they had a search warrant. He said it was not his office. They arrested him, searched the place, found “ policy slips,” etc., and also papers relating to., his private affairs. The policy papers were introduced in evidence. There were endorsements in his handwriting on some of them. Over his objection, the private papers were received to furnish specimens of his writing and to show that he occupied the office. He had taken no steps to secure the return of his private papers or to prevent their use as evidence. But at the trial he contended their seizure violated his right to be secure against unreasonable searches, and that their use as evidence compelled him to be a witness against himself in violation of the Fourth and Fifth Amendments, and in violation of similar provisions of

2. When arrested, Birdsall was actually engaged in a conspiracy to maintain, and was actually in charge of, the premises where intoxicating liquors were being unlawfully sold. Every such place is by the National Prohibition Act declared to be a common nuisance, the maintenance of which is punishable by fine, imprisonment or both. § 21, Tit. II, Act of October 28, 1919, c. .85, 41 Stat. 305 , 314 (U. S. C., Tit. 27, § 33). The officers were authorized to arrest for crime being committed in their presence, and

Judgment affirmed.