United States v. Ritterman

Decision Date21 February 1927
Docket NumberNo. 669,669
Citation273 U.S. 261,47 S.Ct. 371,71 L.Ed. 636
PartiesUNITED STATES v. RITTERMAN
CourtU.S. Supreme Court

The Attorney General and Mr. W. D. Mitchell, Sol. Gen., of Washington, D. C., for the United States.

[Argument of Counsel from page 262 intentionally omitted] Mr. Albert MacC. Barnes, Jr., of Washington, D. C., for respondent.

[Argument of Counsel from pages 263-264 intentionally omitted] Mr. Justice HOLMES delivered the opinion of the Court.

The respondent was indicted for smuggling and clandestinely introducing into the United States from Canada, merchandise, viz. 1,022.85 carats of unset cut diamonds, without making any declaration to enter the same and without causing them to be invoiced for the purpose of ascertaining the duties upon them and without paying or accounting for the duties to which they were subject, although he had an opportunity to do so, with intent to evade payment of such duties. He was convicted in the District Court but the judgment was reversed by the Circuit Court of Appeals. Ritterman v. United States, 12 F.(2d) 849. A writ of certiorari was granted by this Court under the Act of February 13, 1925, c. 229, amending section 240(a) of the Judicial Code, 43 Stat. 936, 938 (Comp. St. § 1217).

On January 28, 1926, the respondent bought a ticket in Montreal for New York and sought to have a Gladstone bag that he carried checked through to New York. A customs inspector sent there by the United States for the convenience of travellers asked him about the contents and he answered, 'Just my own personal wearing apparel.' Such examination as the inspector made disclosed nothing but clothing and personal effects. The inspector thereupon tied and sealed the bag and attached the requisite manifest. In the ordinary course of events the strings would have been cut after crossing the boundary line and the bag would have gone on to New York and then would have been delivered to the owner without more. Some suspicion was felt however and the respondent was again questioned after entering the United States and repeated that he had nothing to declare. On the train's arrival at St. Albans, Vermont, which is the port of entry, he was called into the custom house and there again stated that he had nothing, and more specifically, no diamonds, to declare, and on the suggestion that he had a quantity in his possession the day before, in Montreal, said that he had but placed them in a bank there, named. An examination of his person was begun and while he was removing his clothes he was asked for the key to the Gladstone bag and handed it over. The respondent continued undressing but before finishing said to the assistant collector, 'I haven't any diamonds on my person; they are in my grip.' Within a few minutes officers who had been examining the bag in another room reported that diamonds had been found hidden there. They were of the amount alleged, were valued at $122,492.43, United States valuation, and were subject to a duty of twenty per cent. Act of 1922, c. 356, tit. 1, Schedule u4, par. 1429, 42 Stat. 858, 917 (Comp. St. § 5841a). It does not appear that the discovery was brought about by the confession. It seems to have been the result of search alone.

The Tariff Act of 1922, c. 356, § 593(a); 42 Stat. 858, 982 (Comp. St. § 5841h12) is as follows:

'Smuggling and Clandestine Importations.—(a) If any person knowingly and willfully, with intent to defraud the revenue of the United States, smuggles, or clandestinely introduces, into the United States any merchandise which should have been invoiced, or makes out or passes, or attempts to pass, through the customhouse any false, forged, or fraudulent invoice, every such person, his, her, or their aiders and abettors, shall be deemed guilty of a misdemeanor, and on conviction thereof shall be fined in any sum not exceeding $5,000, or imprisoned for any term of time not exceeding two years, or both, at the discretion of the court.'

The Judge gave the following instructions to the jury:

'If you find that the defendant falsely and fraudulently, intending to defraud...

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14 cases
  • U.S. v. Plummer
    • United States
    • U.S. Court of Appeals — Eleventh Circuit
    • August 11, 2000
    ...constituting the "substantial step" toward smuggling cannot occur outside U.S. territory. Cf. United States v. Ritterman, 273 U.S. 261, 268, 47 S.Ct. 371, 372, 71 L.Ed. 636 (1927) (Keck "did not decide that a man who wishes to smuggle must wait until he can find a customs house"). Simply pu......
  • United States v. Register
    • United States
    • U.S. Court of Appeals — Fifth Circuit
    • September 4, 1974
    ...in a related context, in Tomplain v. United States, 42 F.2d 205 (5th Cir. 1930), this Circuit cited United States v. Ritterman, 273 U.S. 261, 47 S.Ct. 371, 71 L.Ed. 636 (1926), for the proposition that the offense of smuggling is complete when an article is ". . . carried across the boundar......
  • Johnson v. RAC CORPORATION
    • United States
    • U.S. Court of Appeals — Fourth Circuit
    • February 5, 1974
    ... ... Harvey B. JOHNSON, Appellant, ... RAC CORPORATION, Appellee ... No. 73-1958 ... United States Court of Appeals, Fourth Circuit ... Argued December 5, 1973 ... Decided February 5, ... ...
  • U.S. v. Salas-Camacho
    • United States
    • U.S. Court of Appeals — Ninth Circuit
    • October 19, 1988
    ...importer take the first opportunity to declare the goods in their possession. This matter was settled in United States v. Ritterman, 273 U.S. 261, 47 S.Ct. 371, 71 L.Ed. 636 (1927), where the defendant, after being asked numerous times if he had anything to declare, only made a declaration ......
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