United States v. Gokey

CourtUnited States District Courts. 2nd Circuit. United States District Court of Northern District of New York
Writing for the CourtBRYANT
Citation32 F.2d 793
PartiesUNITED STATES ex rel. KING v. GOKEY et al.
Decision Date21 May 1929

32 F.2d 793 (1929)

UNITED STATES ex rel. KING
v.
GOKEY et al.

District Court, N. D. New York.

May 21, 1929.


L. M. Kellas, of Malone, N. Y., for relator.

O. D. Burden, U. S. Atty., of Syracuse, N. Y. (J. W. Genaway, Asst. U. S. Atty., of Malone, N. Y., of counsel), for defendants.

BRYANT, District Judge.

Howard James King, the relator, is a citizen and resident of the Dominion of Canada. He is a farmer, and resides about three miles northerly or nearly northerly of a store known locally as "Ouimet's." This store is located on the International Boundary, and is situated partly in Canada and partly in the United States. In other words, it is an ordinary "line store."

On September 13, 1928, just before dark, United States immigration officers went to this store. They left their car concealed some distance from the line and proceeded to their rendezvous on foot. There is not any question but that they were looking for an opportunity to apprehend King. This fact is

32 F.2d 794
not in any way disputed or questioned. They concealed themselves in close proximity to the store. In the early part of the evening, but after dark, King came to the place by auto and entered the store. There is not any claim that King, at the time of entry or while in the store, was committing or committed any illegal act. After about a half hour, King left the store. Immediately, or almost immediately, after coming through the door, he was seized by United States immigration officers, and after a sharp tussle was shackled and brought to the United States immigration office at Malone, N. Y., a distance of about 15 miles, where he was detained overnight. The next day, September 14th, he was taken to the office of the United States commissioner

There a United States immigration inspector filed complaint, charging that on September 11th, at or near the town of Chateaugay, Franklin county, in said district, the said King did commit the crime of violation of section 8 of the Act of February 5, 1917, of the Revised Statutes of the United States (evidently the Commissioner's reference to the Revised Statutes of the United States was an inadvertence; the Act of February 5, 1917, referred to, is incorporated in the United States Code as section 144 of title 8, "Aliens and Citizenship"), by willfully, knowingly, wrongfully, and unlawfully, by himself and through another, attempting to bring into the United States, and bringing into the United States, an alien, to wit, Shaye Wittelsohn, a citizen of Russia of Hebrew race, not admitted into the United States, and not possessing a visa or other documents entitling him to enter. The offense charged is a misdemeanor. It is so defined by statute. The complaint does not contain any facts, except as above stated. No claim is made that any of the statements contained in the complaint were...

To continue reading

Request your trial
11 practice notes
  • Di Bella v. United States, No. 349
    • United States
    • United States Courts of Appeals. United States Court of Appeals (2nd Circuit)
    • November 23, 1960
    ...a warrant of arrest. United States v. McCunn, D.C.S.D.N.Y., 1930, 40 F.2d 295; United States ex rel. King v. Gokey, D.C.N.D.N.Y., 1929, 32 F.2d 793; * * * United States v. Pollack, D.C.N.J., 1946, 64 F.Supp. 554; United States v. Ruroede, D.C.S.D.N.Y., 220 F. Recently the question of the su......
  • Giordenello v. United States, No. 16065.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • May 17, 1957
    ...210, 212. Nowhere has the requirement been stated more clearly than by Judge Bryant in United States ex rel. King v. Gokey, D.C.S.D.N.Y., 32 F.2d 793, "The commission of a crime must be shown by facts positively stated before a commissioner has jurisdiction to issue a warrant of arrest......
  • Worthington v. United States, No. 10288.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (6th Circuit)
    • February 13, 1948
    ...of the offense charged, there is probable cause justifying the issuance of a warrant." In United States ex rel. King v. Gokey, D. C., 32 F.2d 793, 794, the court "The commission of a crime must be shown by facts positively stated before a commissioner has jurisdiction to issue a w......
  • United States v. Horton, Cr. A. No. 5378.
    • United States
    • United States District Courts. 6th Circuit. United States District Court (Western District Michigan)
    • September 7, 1949
    ...upon opinion or suspicion of some person unsupported by personal knowledge of facts, United States ex rel. King v. Gokey, supra, D.C., 32 F.2d 793, and in no case may a warrant to search a private home rest upon mere affirmance of suspicion or belief without disclosure of supporting facts a......
  • Request a trial to view additional results
11 cases
  • Di Bella v. United States, No. 349
    • United States
    • United States Courts of Appeals. United States Court of Appeals (2nd Circuit)
    • November 23, 1960
    ...a warrant of arrest. United States v. McCunn, D.C.S.D.N.Y., 1930, 40 F.2d 295; United States ex rel. King v. Gokey, D.C.N.D.N.Y., 1929, 32 F.2d 793; * * * United States v. Pollack, D.C.N.J., 1946, 64 F.Supp. 554; United States v. Ruroede, D.C.S.D.N.Y., 220 F. Recently the question of the su......
  • Giordenello v. United States, No. 16065.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • May 17, 1957
    ...210, 212. Nowhere has the requirement been stated more clearly than by Judge Bryant in United States ex rel. King v. Gokey, D.C.S.D.N.Y., 32 F.2d 793, "The commission of a crime must be shown by facts positively stated before a commissioner has jurisdiction to issue a warrant of arrest. 241......
  • Worthington v. United States, No. 10288.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (6th Circuit)
    • February 13, 1948
    ...of the offense charged, there is probable cause justifying the issuance of a warrant." In United States ex rel. King v. Gokey, D. C., 32 F.2d 793, 794, the court "The commission of a crime must be shown by facts positively stated before a commissioner has jurisdiction to issue a warrant of ......
  • United States v. Horton, Cr. A. No. 5378.
    • United States
    • United States District Courts. 6th Circuit. United States District Court (Western District Michigan)
    • September 7, 1949
    ...upon opinion or suspicion of some person unsupported by personal knowledge of facts, United States ex rel. King v. Gokey, supra, D.C., 32 F.2d 793, and in no case may a warrant to search a private home rest upon mere affirmance of suspicion or belief without disclosure of supporting facts a......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT