305 U.S. 251 (1938), 49, Scher v. United States

Docket Nº:No. 49
Citation:305 U.S. 251, 59 S.Ct. 174, 83 L.Ed. 151
Party Name:Scher v. United States
Case Date:December 05, 1938
Court:United States Supreme Court

Page 251

305 U.S. 251 (1938)

59 S.Ct. 174, 83 L.Ed. 151



United States

No. 49

United States Supreme Court

Dec. 5, 1938

Argued November 7, 1938




1. In a prosecution for possession and transportation of distilled spirits in containers lacking the requisite revenue stamps, in violation of § 201 of the Liquor Taxing Act of 1934, a defense that the distilled spirits involved were not intended for sale and were therefore expressly excepted from the provisions of the Act must be affirmatively proved. P. 254.

2. Under the circumstances disclosed in this case, the search of an automobile and seizure of liquor therefrom, without a warrant, after the car had entered a garage appurtenant to a private dwelling, to which it had been pursued by federal officers, was not an unreasonable search and seizure, and, in a prosecution for violation of § 201 of the Liquor Taxing Act of 1934, a motion to suppress the evidence thereby obtained was properly overruled. P. 255.

3. A federal officer who has made an arrest following a tip as to a violation of a federal law may not, in a prosecution for such violation, be required to reveal the identity of his informant where this is not essential to the defense. P. 254.

95 F.2d 64 affirmed.

Certiorari, 304 U.S. 557, to review the affirmance of a conviction for violation of the Liquor Taxing Act of 1934.

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MCREYNOLDS, J., lead opinion

MR. JUSTICE McREYNOLDS delivered the opinion of the Court.

Petitioner Scher was found guilty under two counts of an indictment which charged violations of § 201, Title 2, Liquor Taxing Act, January 11, 1934 * by possessing

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and transporting distilled spirits in containers wanting requisite revenue stamps. He was sentenced for a year and a day, etc. The Circuit Court of Appeals affirmed the judgment.

No objection to the judge's charge is urged, and the evidence submitted to the jury is adequate to support the verdict.

The material facts are not in serious dispute. A brief summation will suffice for the points to be considered.

Federal officers received confidential information thought to be reliable that, about midnight, December 30, 1935, a Dodge automobile with specified license plate would transport "phony" whiskey from a specified dwelling...

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