United States v. Mills

• Decision Date: 07 March 1911
• Citation: 185 F. 318
• Parties: UNITED STATES v. MILLS et al.
• Court: U.S. District Court — Southern District of New York

185 F. 318

UNITED STATES v. MILLS et al.

United States Circuit Court, S.D. New York.

March 7, 1911

Henry A. Wise, U.S. Atty.

Everett Clarke, Benedict & Ward, for defendants.

LACOMBE Circuit Judge.

The defendants are copartners who have for some time been carrying on business in this city as importers of silks veilings, laces, etc. They have been indicted for conspiracy to defraud the United States of money due or to become due upon a case of merchandise imported from a foreign country by means of a false and fraudulent invoice. A bench warrant for their arrest was duly issued, and the marshal, with deputies and others to assist him, went to defendants' place of business, arrested them, and at the same time searched for, found, seized, and removed from the premises a large number of books and papers.

These were turned over to the district attorney. He has since returned to defendants all papers relating to their current business, and certain books and papers which do not relate to or concern charges of crime now pending in court and before the grand jury.

Defendants contend that there is no warrant of law for the seizure of these books and papers which are concededly their property, and ask for their return.

The numerous authorities which have been cited from the various state reports are interesting, but not controlling, since we are concerned solely with the action of a federal officer, the power of a federal court, and the construction of the federal Constitution.

From time immemorial an officer making a lawful arrest on a criminal charge has taken into his possession the instruments of the crime and such other articles as may reasonably be of use as evidence on the trial. A blood-stained knife or garment, a half-emptied phial of poison, a mask or disguise, counterfeit coins, plates for printing counterfeit notes, gambling devices, stolen property, and many other articles are thus seized every day on the person or the premises of the alleged criminal, and no one disputes the propriety of such seizure.

In the case at bar, there has been a general seizure of all the defendants' business records. These include books and loose sheets of paper on which defendants or their employes under their instructions, have from time to time made written statements recording the transactions of their business for some time past. The government officers were in possession of information which in their opinion indicated that defendants had on December 3, 1906, imported by steamship Adriatic a case of veiling marked 'P. Diamond R.P. 173' and defrauded the government of a portion of the duties thereon by means of a false and fraudulent invoice. This evidence proved sufficient to satisfy the grand jury, and defendants were indicted for so doing. The bench warrant refers to the indictment and commands the marshal to arrest the three defendants, describing particularly the persons to be seized, but not 'particularly describing the place to be searched and the * * * things to be seized. ' Fourth amendment to the Constitution. When executing the bench warrant, the marshal seized, not only the documents concerned with the particular importation of December 3, 1906, but also all the books and papers of the firm covering their business above referred to. Having examined these, the district attorney states that they disclose evidence of further offenses, as to which he is about to...