United States v. Marquette

• Decision Date: 15 September 1920
• Docket Number: 8129.
• Citation: 271 F. 120
• Court: U.S. District Court — Northern District of California
• Parties: UNITED STATES v. MARQUETTE et al.

271 F. 120

UNITED STATES v. MARQUETTE et al.

No. 8129.

United States District Court, N.D. California.

September 15, 1920

Edward F. Jared, of San Francisco, Cal., for petitioner.

Frank M. Silva, U.S. Atty., of San Francisco, Cal.

DOOLING District Judge.

The petition of W. W. Powers avers that he is the owner of certain liquors, purchased by him before July 1, 1919, and located in San Francisco; that on January 8, 1920, with the consent of one V. W. Sloan, he placed the said liquors in the home of said Sloan for safe-keeping; that on January 9, 1920 certain officers of the government entered into the home of said Sloan, armed with shotguns and pistols, and without warrant or authority so to do seized and carried away the said liquors, and are now holding them to be used as evidence against petitioner upon the trial of an indictment against him for an alleged violation of section 37 of the Criminal Code (Comp. St. Sec. 10201). The petitioner further avers that such seizure was in violation of his rights under the Fourth and Fifth Amendments to the Constitution, and prays for an order that the property so seized be returned to him.

On this petition an order to show cause was issued. The return to such order denies the present ownership of the liquor by petitioner, though it avers a purchase of the same by him prior to July 1, 1919, and sets up certain proceedings had in this court against him upon an indictment charging him with a conspiracy to violate the Reed Amendment (Comp. St. 1918, Comp. St. Ann. Supp. 1919, Sec. 8739a) in connection with said liquor. It avers that the liquor was first seized to be held as evidence in the prosecution of such indictment; that petitioner pleaded guilty to such indictment; that the liquor was then turned over to him upon condition that he export it to Victoria, B.C. Why such condition was exacted, or by what authority, is not clear but it is averred that in violation of such condition he sold it to one Marquette, and Marquette was transporting it to the home of a Mrs. Hayes, and not of Sloan, when said Marquette and one Willy were arrested for a conspiracy to violate the War-Time Prohibition Act (Comp. St. Ann. Supp. 1919, Secs 3115 11/12f-3115 11/12h); the violation charged being a conspiracy to make the sale from Powers to Marquette.

In this indictment Sloan and Powers are included as defendants, and the liquor is now held to be used as evidence against them. The liquor was not seized at the time of the arrest. According to the return, however, an officer was later invited into the home by Sloan and Mrs. Hayes, was shown the liquor by said Sloan, placed a government seal on the door of the room containing it, and put a keeper in charge. Later the liquor was taken by officers of the government in the presence of Sloan and Mrs. Hayes, and by and with their consent, and without...