Amos v. United States, 255 U.S. 313 (1921)

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Amos v. United States


No. 114


Argued December 13, 1920
Decided February 28, 1921
255 U.S. 313

ERROR TO THE DISTRICT COURT OF THE UNITED STATES
FOR THE EASTERN DISTRICT OF SOUTH CAROLINA

Syllabus

1. When it is clear and undisputed that property used in evidence against a defendant on a criminal trial was procured by the Government through an unconstitutional search and seizure in his home, his petition for its return is not too late when made immediately after the jury was sworn, and his motion to exclude the property, and testimony concerning it, from evidence should not be denied as inviting a collateral issue. P. 316.

2. The act of a man’s wife in allowing government officers to enter his home without a warrant upon their demand for admission for the purpose of making a search is held not to be a waiver of his constitutional privilege against unreasonable search and seizure, even assuming that a wife may waive her husband’s right in that regard. P. 317.

Reversed.