Chepo v. United States, 4377.
Decision Date | 18 December 1930 |
Docket Number | No. 4377.,4377. |
Parties | CHEPO v. UNITED STATES. |
Court | U.S. Court of Appeals — Third Circuit |
Geo. E. Cutley, of Jersey City, N. J., for appellant.
Phillip Forman, U. S Atty., of Trenton, N. J., and John Grimshaw, Jr., Asst. U. S. Atty., of Paterson, N. J.
Before BUFFINGTON, WOOLLEY, and DAVIS, Circuit Judges.
Two prohibition agents, walking in the rear of the premises in question, detected an odor of mash. Going to the front of the building they knocked upon the door and, on being admitted, entered without a search warrant. In a room upstairs they found Chepo, the appellant, lying on a bed engaged in consuming a bottle of white liquor. Going downstairs they saw on the first floor a room that had none of the marks of residential occupancy but all the signs of a speakeasy and liquor storeroom. There they found quantities of liquor. Back of the house was a shed in which the agents found a small quantity of liquor of high alcoholic content, a substantial quantity of mash and a home-made still in operation.
Chepo was indicted with two others. Before trial he made the usual preliminary motion to suppress and exclude from evidence the things so discovered and seized on the ground that the house (owned by him) had been entered and the seizures on the first floor (leased to another) had been made without a search warrant. The court's refusal is assigned as error.
The question might be pertinent and certainly would require consideration were it not that Chepo disclaimed any interest in the downstairs premises searched and any interest in or knowledge of the goods there seized. His room upstairs was not searched and in it nothing was seized. By that disclaimer he himself showed that no constitutional right of his had been invaded and, therefore, that he is not in a position to attack the search and seizure. Rouda v. United States (C. C. A.) 10 F.(2d) 916; Rosenberg v. United States (C. C. A.) 15 F.(2d) 179; Armstrong v. United States (C. C. A.) 16 F.(2d) 62; Id., 273 U. S. 766, 47 S. Ct. 571, 71 L. Ed. 881; Coon v. United States (C. C. A.) 36 F.(2d) 164, 165.
At the trial Chepo was confronted by seven counts of the indictment charging crimes briefly stated as follows:
(1) Operating a still without registering the same; (2) carrying on the business of a distiller with intent to defraud the United States of the tax; (3) without giving bond; (4) in a building not authorized by law; (5) without displaying a sign bearing the words "Registered...
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