Kremen v. United States

Decision Date13 May 1957
Docket NumberNo. 162,162
Citation353 U.S. 346,77 S.Ct. 828,1 L.Ed.2d 876
PartiesShirley KREMEN, Samuel Irving Coleman and Sidney Steinberg, Petitioners, v. UNITED STATES of America
CourtU.S. Supreme Court

Norman Leonard, San Francisco, Cal., for the petitioners.

Mr. Kevin T. Maroney, Washington, D.C., for the respondent.

PER CURIAM.

Of petitioners' various contentions we find the one relating to the validity of the search and seizure made by agents of the Federal Bureau of Investigation dispositive of this case, and we therefore need not consider the others.

The indictment charged the three petitioners with relieving, comforting, and assisting one Thompson, a fugitive from justice, in violation of 18 U.S.C. § 3, 18 U.S.C.A. § 3, and with conspiring to commit that offense in violation of 18 U.S.C. § 371, 18 U.S.C.A. § 371. In addition, it charged petitioners Kremen and Coleman with harboring Steinberg, also a fugitive from justice, and with conspiring to commit that offense. Petitioners were found guilty, and on appeal their convictions were sustained, one judge dissenting. 231 F.2d 155. Because of the unusual character of the search and seizure here involved, we granted certiorari, without, however, limiting the writ. 352 U.S. 819, 77 S.Ct. 46, 1 L.Ed. 45.

Thompson and Steinberg had been fugitives from justice for about two years when agents of the Federal Bureau of Investigation discovered them, in the company of Kremen, Coleman and another, at a secluded cabin near the village of Twain Harte, California. After keeping the cabin under surveillance for some 24 hours, the officers arrested the three petitioners and Thompson. Thompson and Steinberg were arrested outside the cabin; Kremen and Coleman, inside. The agents possessed outstanding arrest warrants for Thompson and Steinberg, but none for Kremen and Coleman. These four individuals were searched and documents found on their persons were seized. In addition, an exhaustive search of the cabin and a seizure of its entire contents were made shortly after the arrests. The agents possessed no search warrant. The property seized from the house was taken to the F.B.I. office at San Francisco for further examination. A copy of the F.B.I.'s inventory of the property thus taken is printed in the appendix to this opinion, 353 U.S. 349, 77 S.Ct. 830.

The majority of the Court are agreed that objections to the validity of the search and seizure were adequately raised and preserved. The seizure of the entire contents of the house and its removal some two hundred miles away to the F.B.I. offices for the purpose of examination are beyond the sanction of any of our cases. While the evidence seized from the persons of the petitioners might have been legally admissible, the introduction against each of petitioners of some items seized in the house in the manner aforesaid rendered the guilty verdicts illegal. The convictions must therefore be reversed, with instructions to grant the petitioners a new trial.

Reversed.

Mr. Justice BURTON and Mr. Justice CLARK dissent, believing that the items of evidence offered and admitted into evidence were legally seized. They are of the opinion that the validity of a seizure is not to be tested by the quantity of items seized. Validity depends on the circumstances of the seizure as to each of the items that is offered into evidence. Furthermore, only a fragmentary part of the items listed by the Court as seized was admitted into evidence and if any items were illegally seized their effect should be governed by the rule of harmless error since there was ample evidence of guilt otherwise.

Mr. Justice WHITTAKER took no part in the consideration or decision of this case.

APPENDIX TO OPINION OF THE COURT

FBI INVENTORY OF PROPERTY TAKEN.

Personal Property and Papers

1 Sleeping bag with tan air mattress

1 Sleeping bag case, Kelly's of Oakland

2 Brown canvas cover, Spiro's of San Francisco

1 Skysleeper Kit bag

1 Tan zipper shaving kit containing:

1 Hair brush

1 Tooth brush

1 Bar soap wrapped, Ivory, hotel size bearing name Hotel Regis, corner 11th & K Streets, Sacramento, California

1 Shoelace

2 Packages pipe cleaner

1 Pencil flashlight battery

4 Razor blades

1 Package lighter flints-Ronson

1 Spool fishing leader material

1 Bar soap, hotel size, wrapped, with "Pearl" on one side and "Hotel Regis" on other

1 Plaid covered small size bag with zipper for pillow

1 Pillow, cotton filled, small, white. No identifying marks

1 Tin drinking cup with initial "W" cut in bottom

1 Bottle 2 ounces Carters Blue Black Ink

1 Small box "Swingline Tot Staples," with "150" written on cover

1 Prince Albert tobacco-pocket size can

1 Key-on ring-Master Lock Co., Milwaukee

1 Calendar-Shell Oil Co., Billfold size

1 Digest of Angling Regulations for State of California-1953

1 Pair Tortoise Shell (dark brown) rimmed glasses with broken left lens

1 Plastic yellow folding type tobacco pouch with some tobacco and pipe cleaners

1 Man's metal expansion band 1/20 12K gold top-Stainless steel back

1 Pencil sharpener-plastic-Vest pocket size

1 Polychrome duplicating ink-pound size

1 Padlock-"Master 77"-#5926

1 Carters Rubber Cement

1 Friction tape-1 roll-slipknot

1 Rubber top-partially used

1 Pair socks-men's grey-dirty

1 Ink-Parkers Superchrome

1 Ink eraser-partially used bottle

1 Key-"Ilco" #1054K-by Independent Lock Co., Fitchburg, Massachusetts

1 Handkerchief-dirty

1 Pamphlet of "Tour"-California Hotels

Page 349-Continued.

2 Bottles Solution of Hydrogen Peroxide by McKesson's, N.Y. (1 small)

1 Roll cotton

1 Pair Sunglasses and leather case

1 Can Briggs pipe tobacco

1 Ronson cigarette lighter & cigarette case combination (empty)

1 Tin Prince Albert Pipe Tobacco

1 Tin can containing change

1 Jar scalp pomade, dark, by Ogelvie Sisters, N.Y.

1 Pocket knife, red, Victoria Switzerland Armee Suisse

1 Bottle Richard Hudnut Formula A-10 for men for hair and scalp treatment

2 Cans bandaids

1 Bottle Jergen's Lotion
1 Box-empty, marked Craftsman 25
2 Pair glasses, 1 light and 1 dark frames
1 Tobacco pouch, red plaid

1 Sponge, blue

2 Bottles Alka-Seltzer

2 Tubes toothpaste, Chlorodent (1 small & 1 large size)

1 Bottle Pepto Bismol, marked 98

1 Can Sopronol for athletes foot

1 Can Rise Shave Cream marked "59" on side

1 Craftsman 25 Electric Shaver and cord in red plaid zipper bag

12 Glass tubes with stoppers "List No. 2032 Procaine Hydrochloride 4% Epinephrine 1:50,000 Abbott Laboratories Lot 6243575" with "Cook Waite" on end of stopper

1 Mirror, two sides, for shaving

1 Sunbeam Electric Shaver & plastic case with cord

1 Jar

1 Bottle Williams After Shave Lotion

1 Toothbrush

1 Debutante Hand Cream

1 Bottle Squibb Mineral Oil

1 Bottle Pacquins Hand Lotion

1 Bottle brown pills-unmarked

1 Small bottle Neohelramine Hydrochloride

1 Bottle Eljay Aspirin with black marks "BY" on label 1 Styptic pencil in plastic case marked with label "Handy-Spot Price 10¢"

1 Bottle McKesson's Boric Acid Crystals-4 ozs.

2 Packs Dill's pipe cleaners

1 Pack Kent cigarettes

1 Pack Kools-open & half empty

1 Pack Camel cigarettes

5 Pipes-smoking type

1 Tube Nupercainal Ointment-empty

1 Tube Barbasol Shave Cream-empty

1 Pack Gillette blue blades in dispenser, 20 each razor

1 Gillette razor

1 Metal pipe cleaning instrument manufactured by Rogers and made in England

1 Bottle Mercurochrome

1 Jar Vaseline Jelly-white

1 Bottle 6.12 Insect Repellent

1 Bottle Calamine Lotion

1 Brush (wire)

1 Pencil "Winx" black with metal cap

1 Plastic cup, orange

1 Bottle Avon Shave Lotion

2 Razors, 1 Gillette-1 single edge, no name

1 Bar Palmolive soap

2 Eveready batteries for small flashlight

1 Roll fishing leader

1 Tube Boyle Zinc Oxide Ointment

1 Eveready battery size 915 AA

1 Box Bayer Aspirin

1 Tube Ipana Toothpaste

1 Tube Chloresiun Toothpaste

1 Fingernail clipper "La Cross"

1 Pack Blue Star Razor Blades

1 Brush, small, for shaver

1 Flashlight bulb 112

1 Plastic, brown zipper shaving kit

1 Sportsman's Guide with map

Maps by Edward W. Pulver & Son, copyrighters of Calif. Los Padres Nat'l Forest

1 Book-Oregon Hunting Regulations 1952, marked in green ink "Peter Don's Sportsman Supply, Crescent Lake, Oregon"

1 Map of San Francisco by SF Chamber of Commerce

1 Map of Twain Harte locating cabin in ink, "1.6. Cabin" with route drawn in ink

Pasted on bottom card of James Morrow, Real Estate Broker, Twain Harte, Calif.

1 Map Summit District, Stanislaus Nat'l Forest
2 Plastic, brown glass cases marked on top "Polaroid"

1 Index to topographic mapping in Calif. with pencil marks on back

1 Map of Mendocino Nat'l Forest

1 Map "Chevron Co." of Nevada

1 Map of Burlingame and San Mateo, marked Hotel St. Matthew

Page 350-Continued.

1 Index to towns, mountains, meadows, misc., and Map of Stanislaus Nat'l Forest and note in ink re: Vernon Swamp, Gravel Lakes, hiking distance, etc. and Topez Lake cut throat trout

1 Map of Stanislaus Nat'l Forest, Calif.

1 Monkey wrench

1 Small bottle of Halazone

1 Can used saddle soap

1 Rod varnish-small bottle

1 Ferrule cement

1 Metal cap-"Egg lug"

1 Ever-Ready flashlight battery

1 Small can of bouillion cubes

14 Lead sinkers

1 Spinner

3 Bobbers

1 Pocket knife-3 blade

3 Split shots containers (empty)

8 Face cloths

1 Fish hook on short wire line

2 Brown canvas quilted sleeping bag

1 Sleeping bag mattress-made by Wilber & Sons, 590 Howard Street, San Francisco

1 Cover for sleeping bag-Mfr.-Kelly's of Oakland, Calif.

1 Barclay play shirt-knit-green and yellow band

1 Yellow T shirt-man's type

1 Gantner, size 32, blue-swim trunks

1 Blue T shirt

1 Blue and white striped pajama bottom

1 Blue-long sleeved jersey

1 Health Gard white sweat shirt. Size 38

1 Blue men's shorts, size 36

1 Wilson Bro. size 42, men's undershirt

1 Health Gard, size 34, long underwear

1 Acetate-Nylon-gray men's shorts

1 White muslin bag

1 Grewe knitted sweater, V neck, maroon

2 White T...

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