Nathanson v. United States

• Citation: 78 L.Ed. 159,290 U.S. 41,54 S.Ct. 11
• Decision Date: 06 November 1933
• Docket Number: No. 39,39
• Parties: NATHANSON v. UNITED STATES
• Court: U.S. Supreme Court

290 U.S. 41

54 S.Ct. 11

78 L.Ed. 159

NATHANSON

v UNITED STATES.

No. 39.

Argued Oct. 9, 1933.

Decided Nov. 6, 1933.

Mr. Frederic M. P. Pearse, of Newark, N.J. (Mr. Max Mehler, of Newark, N.J., on the brief), for petitioner.

The Attorney General and Mr. Angus D. MacLean, Asst. Sol. Gen., of Washington, D.C., for the United States.

[Argument of Counsel from pages 42-44 intentionally omitted] Mr. Justice McREYNOLDS delivered the opinion of the Court.

In the trial court where he was defendant under a criminal information, petitioner Nathanson duly, but unsuccessfully, challenged the admission as evidence of certain liquors seized under color of a search warrant issued, he claimed, in violation of the Fourth Amendment. The Circuit Court of Appeals affirmed the judgment against him.

Upon complaint of the customs agent in charge, a state judge sent out the questioned warrant. Its pertinent recitals and command follow:

'Whereas said Francis B. Laughlin has stated under his oath that he has cause to suspect and does believe that certain merchandise, to wit: Certain liquors of foreign origin a more particular description of which cannot be given, upon which the duties have not been paid, or which has otherwise been brought into the United States contrary to law, and that said merchandise is now deposited and contained within the premises of J. J. Nathanson said premises being described as a 2 story frame dwelling located at 117 No. Bartram Ave. * * *; and

'Whereas said Francis B. Laughlin has requested that a warrant issue to him, authorizing him to enter said premises and search for and seize said merchandise:

'Now, therefore, you are commanded, in the name and by the authority of the President of the United States, to enter and search the premises hereinbefore described, in the daytime (if a dwelling house) at any time of the day or night (if other than a dwelling house) and to seize and take into your possession the merchandise hereinbefore described, or so much thereof as may be found, to the end that the same may be dealt with according to law.'

The Circuit Court of Appeals said: 'The appellant contends that the affidavit upon which the search warrant was issued showed no facts upon which to base a finding of probable cause; that the search warrant was therefore illegal; and that the use of the property so seized as evidence in a criminal prosecution amounted to a violation of the protection afforded by the Fourth Amendment to the Constitution. * * *

'Had this warrant issued under authority of the Prohibition Act, it would be invalid, since the affidavit was merely based upon cause to suspect and suspicion. It issued, however, under the authority of (section 595) the Tariff Act of 1930 * * *' 46 Stat. 752, c. 497 (19 USCA § 1595). (This is identical with section 595, Tariff Act of 1922, 42 Stat. 983, c. 356 (19 USCA § 499) copied in the margin¹.)

And it held: 'In the instant case the seizure was under the tariff laws. The government had a pecu- niary interest in the smuggled goods. Following the reasoning in the cases cited, we conclude that that interest was sufficient to justify the issuance of the search warrant and that the search and seizure, based on the sworn complaint (phrased almost in the very words of the Tariff Act) and the warrant thereon, did not violate the constitutional rights of the defendant. This court, in Bookbinder v. United States (C.C.A.) 287 F. 790, certiorari denied 262 U.S. 748, 43 S.Ct. 523, 67 L.Ed. 1213, held that evidence obtained on a search warrant for violation of the customs laws is admissible in a prosecution for violation of the prohibition laws.'

We think the court below acted upon an erroneous view. Its judgment must be reversed.

This court has often spoken concerning searches and seizures and the limitations of the Fourth Amendment. Locke v. United States, 7 Cranch, 339, 3 L.Ed. 364; Boyd v. United States, 116 U.S. 616, 6 S.Ct. 524, 29 L.Ed. 746; Adams v. New York, 192 U.S. 585, 24 S.Ct. 372, 48 L.Ed. 575; Weeks v. United States, 232 U.S. 383, 34 S.Ct. 341, 58 L.Ed. 652, L.R.A. 1915B, 834, Ann. Cas. 1915C, 1177; Gouled v. United States, 255 U.S. 298, 41 S.Ct. 261, 65 L.Ed. 647; Byars v. United States, 273 U.S. 28, 47 S.Ct. 248, 71 L.Ed. 520; Maul v. United States, 274 U.S. 501, 47 S.Ct. 735, 71 L.Ed. 1171; Go-Bart Importing Co. v. United States, 282 U.S. 344, 51 S.Ct. 153, 75 L.Ed. 374; United States v. Lefkowitz, 285 U.S. 452, 52 S.Ct. 420, 76 L.Ed. 877, 82 A.L.R. 775. See, also, Cooley, Constitutional Limitations (7th Ed.) p. 427.

Here we are dealing with a warrant to search a private dwelling said to have been authorized by the Tariff Act. It went upon a mere affirmation of suspicion and belief without any statement of adequate supporting facts.

All unreasonable...