United States v. Gokey
| Court | United States District Courts. 2nd Circuit. United States District Court of Northern District of New York |
| Writing for the Court | BRYANT |
| Citation | 32 F.2d 793 |
| Parties | UNITED STATES ex rel. KING v. GOKEY et al. |
| Decision Date | 21 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
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...
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Di Bella v. United States, No. 349
...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......
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Giordenello v. United States, No. 16065.
...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......
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Worthington v. United States, No. 10288.
...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......
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United States v. Horton, Cr. A. No. 5378.
...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......
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Di Bella v. United States, No. 349
...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......
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Giordenello v. United States, No. 16065.
...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......
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Worthington v. United States, No. 10288.
...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 ......
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United States v. Horton, Cr. A. No. 5378.
...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......