Sloane v. United States
| Decision Date | 02 March 1931 |
| Docket Number | No. 294.,294. |
| Citation | 47 F.2d 889 |
| Parties | SLOANE v. UNITED STATES. |
| Court | U.S. Court of Appeals — Tenth Circuit |
Orban Patterson, of Oklahoma City, Okl., for appellant.
Herbert K. Hyde, Asst. U. S. Atty., of Oklahoma City, Okl. (Roy St. Lewis, U. S. Atty., of Oklahoma City, Okl., on the brief) for the United States.
Before PHILLIPS and McDERMOTT, Circuit Judges, and KENNEDY, District Judge.
George Sloane was tried, convicted and sentenced on three counts of an indictment. The first count charged unlawful possession of whiskey, the second unlawful, possession of a still, and the third unlawful manufacture of whiskey at 30th and High streets, Oklahoma City, Oklahoma, on or about July 14, 1929.
A Mr. DeMonbrum advised L. C. Whiteneck, a federal prohibition agent, that a man had reported to him a still was being operated near 30th and High streets. Whiteneck telephoned such information to W. I. Eads, a deputy sheriff of Oklahoma county. Eads stated that he did not know whether he could get any one to assist him. Whiteneck replied that he could get police officer Ryan to help him. Eads, in company with Ryan and deputy sheriff Kerr, went to 30th and High streets, searched the premises and secured the evidence upon which the government predicates its case.
Eads testified that Whiteneck did not tell him "when to go, or whether to go or not, but * * * gave him the information" and that "he was acting on his own initiative, and he got the search warrant and started."
The morning following the search by the state officers, Whiteneck saw Eads and the latter told the former that Kerr had filed the case in the county court. Whiteneck discussed the matter with Kerr and the latter stated it was agreeable with him to have the case prosecuted in the federal court, and that he would have the county attorney dismiss the state case.
Counsel for Sloane moved to suppress the evidence obtained by such search on the ground that it was obtained in violation of the Fourth Amendment to the Constitution of the United States.
A prohibition officer must not be permitted to procure a search by state officers in order to secure evidence for a prosecution in the federal court which he could not personally secure without violating the Fourth Amendment. He must not be permitted to do indirectly that which he cannot do directly, and thus circumvent the provisions of the Fourth Amendment against unreasonable search and seizure.
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