Reisgo v. United States
| Decision Date | 16 January 1923 |
| Docket Number | 3909. |
| Citation | 285 F. 740 |
| Parties | REISGO v. UNITED STATES. |
| Court | U.S. Court of Appeals — Fifth Circuit |
W. K Zewadski, Jr., of Tampa, Fla., for plaintiff in error.
Wm. M Gober, U.S. Atty., Maynard Ramsey, Asst. U.S. Atty., and Harry W. Reinstine, Sp. Asst. U.S. Atty., all of Jacksonville, Fla.
Before WALKER, BRYAN, and KING, Circuit Judges.
The plaintiff in error (herein called the defendant) was convicted, under an information charging that he did unlawfully and knowingly have in his possession described intoxicating liquor, and brings the case here by writ of error.
In connection with testimony as to the searching of the defendant's premises, a search warrant was offered in evidence. The defendant objected to the introduction of that instrument in evidence 'because the same does not show a proper return on the back, it not having been sworn to. ' The overruling of that objection was not error. The admissibility of the warrant was not dependent on the return being sworn to. The objection as made was not based on the ground that there was a failure to comply with the provision of the statute (Comp St. 1918, Sec. 10496 1/4m), as to the delivery to the official who issued such warrant of a sworn written inventory of property taken in executing it. It seems that, if the objection had been made on that ground, it would not have been well taken, as the making and delivery of the inventory called for is a...
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United States v. Hubbard
...even to complete an inventory is merely a ministerial violation which does not affect the validity of the search. Reisgo v. United States, 285 F. 740, 741 (5th Cir. 1923). See Nordelli v. United States, 24 F.2d 665, 667 (9th Cir. 1928); United States v. Hooper, 320 F.Supp. 507, 509-10 (E.D.......
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...is ministerial and does not affect the validity of the search. United States v. Haskins, 345 F.2d 111 (6th Cir. 1965); Reisgo v. United States, 285 F. 740 (5th Cir. 1923). VIII. Illegal Search of Hatcher was arrested with a warrant and subjected to a search. The search produced names of two......
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...(C.C.A.6), certiorari denied 257 U.S. 655, 42 S.Ct. 97, 66 L.Ed. 419; United States v. Kaplan (D.C.Ga.) 286 F. 963, 971; Reisgo v. United States, 285 F. 740 (C.C.A.5). See, also, Benton v. United States (C.C.A.) 70 F.(2d) 24, 26. Contra, Giles v. United States, 284 F. 208 (C.C.A.1); Murby v......
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