Paper v. United States, No. 3177.

CourtUnited States Courts of Appeals. United States Court of Appeals (4th Circuit)
Writing for the CourtPARKER and NORTHCOTT, Circuit , and WAY
Citation53 F.2d 184
PartiesPAPER v. UNITED STATES.
Docket NumberNo. 3177.
Decision Date19 October 1931

53 F.2d 184 (1931)

PAPER
v.
UNITED STATES.

No. 3177.

Circuit Court of Appeals, Fourth Circuit.

October 19, 1931.


Paul Berman, of Baltimore, Md., for appellant.

Simon E. Sobeloff, U. S. Atty., of Baltimore, Md. (O. Norman Forrest and Cornelius Mundy, Asst. U. S. Attys., both of Baltimore, Md., on the brief), for the United States.

Before PARKER and NORTHCOTT, Circuit Judges, and WAY, District Judge.

PARKER, Circuit Judge.

The appellant, William Paper, was indicted and convicted of unlawful possession of intoxicating liquor in violation of the National Prohibition Act (27 USCA). The only question presented by the appeal relates to the admissibility of the evidence of government officers that, in searching for appellant on his premises in order to arrest him under a bench warrant, they found a quantity of liquor in his cellar. The judge below found that the officers were in good faith searching for the defendant and were not conducting a search for discovering evidence of crime, when quite by accident they discovered the liquor in question. There is nothing to warrant the contention that the search for the defendant was a pretext for searching his premises for evidence of crime, and there is no basis for the application of the rule that under a warrant describing a thing to be seized a general search may not be conducted and seizure made of other things. The case is a simple one of where officers, lawfully and in good faith searching a defendant's home for the purpose of finding and arresting him, discover that he is engaged in the commission of a crime other than that for which they are seeking his arrest.

We think there can be no question but that the evidence was admissible. The purpose of the Fourth Amendment was to prevent the use of "governmental force" to search a man's house, his person, his papers or his effects and to prevent their seizure against his will. Olmstead v. U. S., 277 U. S. 438, 48 S. Ct. 564, 72 L. Ed. 944, 66 A. L. R. 376. Most cases of search in violation of this constitutional provision involve the element of trespass, i.e. the entry without right upon the premises of the citizen. And all cases of unlawful search will be found to involve either this element or some element of fraud or subterfuge, as where an arrest is made a pretext for a search, or where the right to search having been obtained ostensibly for one purpose is used in reality for another. Henderson v. U. S. (C. C. A. 4th) 12 F.(2d) 528, 51 A. L. R. 420; Thompson v. U. S. (C. C. A. 4th) 22 F.(2d) 134. But where the entry and search are rightful and there is present no element of trespass or fraudulent invasion of the rights of the...

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27 practice notes
  • Harris v. United States, No. 34
    • United States
    • United States Supreme Court
    • May 5, 1947
    ...Warehouse, 2 Cir., 1926, 10 F.2d 736; United States v. Two Soaking Units, 2 Cir., 1931, 48 F.2d 107; Paper v. United States, 4 Cir., 1931, 53 F.2d 184; Benton v. United States, 4 Cir., 1934, 70 F.2d 24; Matthews v. Correa, supra. 1 'The right of the people to be secure in their persons, hou......
  • People v. Marshall, Cr. 11947
    • United States
    • United States State Supreme Court (California)
    • July 16, 1968
    ...338, 372 F.2d 911, 912 (the bags were in plain view); Love v. United States, 4 Cir., 170 F.2d 32, and Paper v. United States, 4 Cir., 53 F.2d 184 (both involved discovery of stills; there was no indication of which sense was employed); Harris v. United States, 331 U.S. 145, 67 S.Ct. 1098, 9......
  • People v. Fry, Cr. 3249
    • United States
    • California Court of Appeals
    • April 1, 1969
    ...unlawfully; and was not subject to suppression. (People v. Roberts, 47 Cal.2d 374, 379, 303 P.2d 721; Paper v. United States, 4 Cir., 53 F.2d 184, Entry into the house on the second occasion with incident seizure of property theretofore observed was not justified on the ground the wife cons......
  • Morrison v. United States, No. 14467.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (District of Columbia)
    • October 16, 1958
    ...238, 243 F.2d 660, 661 (1957). 23 170 F.2d 32 (4th Cir., 1948), certiorari denied 336 U.S. 912, 69 S.Ct. 601, 93 L. Ed. 1076 (1949). 24 53 F.2d 184 (4th Cir., 25 148 F.2d 816 (5th Cir., 1945), certiorari denied 326 U.S. 720, 66 S.Ct. 25, 90 L.Ed. 427 (1945). 26 235 F.2d 116 (5th Cir., 1956)......
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27 cases
  • Harris v. United States, No. 34
    • United States
    • United States Supreme Court
    • May 5, 1947
    ...Warehouse, 2 Cir., 1926, 10 F.2d 736; United States v. Two Soaking Units, 2 Cir., 1931, 48 F.2d 107; Paper v. United States, 4 Cir., 1931, 53 F.2d 184; Benton v. United States, 4 Cir., 1934, 70 F.2d 24; Matthews v. Correa, supra. 1 'The right of the people to be secure in their persons, hou......
  • People v. Marshall, Cr. 11947
    • United States
    • United States State Supreme Court (California)
    • July 16, 1968
    ...338, 372 F.2d 911, 912 (the bags were in plain view); Love v. United States, 4 Cir., 170 F.2d 32, and Paper v. United States, 4 Cir., 53 F.2d 184 (both involved discovery of stills; there was no indication of which sense was employed); Harris v. United States, 331 U.S. 145, 67 S.Ct. 1098, 9......
  • People v. Fry, Cr. 3249
    • United States
    • California Court of Appeals
    • April 1, 1969
    ...unlawfully; and was not subject to suppression. (People v. Roberts, 47 Cal.2d 374, 379, 303 P.2d 721; Paper v. United States, 4 Cir., 53 F.2d 184, Entry into the house on the second occasion with incident seizure of property theretofore observed was not justified on the ground the wife cons......
  • Morrison v. United States, No. 14467.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (District of Columbia)
    • October 16, 1958
    ...238, 243 F.2d 660, 661 (1957). 23 170 F.2d 32 (4th Cir., 1948), certiorari denied 336 U.S. 912, 69 S.Ct. 601, 93 L. Ed. 1076 (1949). 24 53 F.2d 184 (4th Cir., 25 148 F.2d 816 (5th Cir., 1945), certiorari denied 326 U.S. 720, 66 S.Ct. 25, 90 L.Ed. 427 (1945). 26 235 F.2d 116 (5th Cir., 1956)......
  • Request a trial to view additional results

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