Fall v. United States

• Decision Date: 10 June 1929
• Docket Number: No. 5742.,5742.
• Citation: 33 F.2d 71
• Parties: FALL v. UNITED STATES.
• Court: U.S. Court of Appeals — Ninth Circuit

33 F.2d 71 (1929)

FALL v. UNITED STATES.

No. 5742.

Circuit Court of Appeals, Ninth Circuit.

June 10, 1929.

William N. Waugh, of Butte, Mont., for appellant.

Wellington D. Rankin, U. S. Atty., and Howard A. Johnson and Arthur P. Acher, Asst. U. S. Attys., all of Helena, Mont.

Before RUDKIN, DIETRICH, and WILBUR, Circuit Judges.

RUDKIN, Circuit Judge.

This is an appeal from a judgment of conviction under the National Prohibition Act (27 USCA). The principal error assigned challenges the sufficiency of a search warrant and the legality of a search and seizure made thereunder. The search warrant described the place to be searched as "a ranch with small building used for residence, located about 5 miles in a westerly direction from the town of Silver Bow, Montana." The question at once arises whether such a description satisfies the requirement of the Fourth Amendment to the Constitution of the United States that the warrant shall particularly describe the place to be searched and the persons or things to be seized. All of the authorities agree that the description in the warrant must be sufficient to enable the officer to whom it is directed to locate the place definitely and with certainty, but it is not always easy to say when that degree of certainty exists or when that result has been accomplished. In Steele v. United States No. 1, 267 U. S. 498, 503, 45 S. Ct. 414, 416 (69 L. Ed. 757), the court said: "It is enough if the description is such that the officer with a search warrant can with reasonable effort ascertain and identify the place intended."

In Giacolone v. United States, 13 F.(2d) 108, this court said: "It will be conceded that the description of the property to be searched is quite general. But the office of a description in a search warrant is to enable the officer to whom it is directed to locate the place definitely and with certainty, and the sufficiency of a description can seldom be determined from an inspection of the warrant alone. Thus, the description of a building as situate on a certain block, or even on a certain section of land would be ample if there was but one building on the block or section; whereas, under other circumstances, it would be no description at all."

In United States v. Borkowski (D. C.) 268 F. 408, the court said: "In describing the place to be searched, it is sufficient if the officer to whom the warrant is directed is enabled to locate the same definitely and with certainty. This does not necessarily require the exact legal description to be given, such as ordinarily appears in deeds of record in the county recorder's office. The description may be such as is known to the people and used in the locality in question, and by inquiry the officer may be as clearly guided to the place intended as if the...