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Sgro v. United States, 287 U.S. 206 (1932)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Sgro v. United States, 287 U.S. 206 (1932)
Sgro v. United States No. 55 Argued October 10, 1932 Decided December 5, 1932 287 U.S. 206
CERTIORARI TO THE CIRCUIT COURT OF APPEALS
FOR THE SECOND CIRCUIT
Syllabus
1. The provisions of the Fourth Amendment relative to search warrants, and of legislation regulating that process, should be liberally construed in favor of the individual. P. 210.
2. Under § 25 of the National Prohibition Act and the provisions of the Act of June 15, 1917 (Espionage Act), to which that section refers, a warrant to search for intoxicating liquor becomes void at the expiration of ten days from the date of its issuance, and cannot then be revived by the magistrate merely by redating and reissuing it solely on the basis of the affidavit upon which it was issued originally. Pp. 210 et seq.
3. The issue of a new warrant is a new proceeding, and must be supported by proof that probable cause then exists. P. 211.
54 F.2d 1083 reversed.
Certiorari, 286 U.S. 539, to review the affirmance of a judgment on conviction under the Prohibition Act. Evidence seized under a search warrant was used against the defendant at the trial after a petition for its return to him, on the ground that the search was illegal, had been made and overruled.
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Chicago: U.S. Supreme Court, "Syllabus," Sgro v. United States, 287 U.S. 206 (1932) in 287 U.S. 206 287 U.S. 208. Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=ESJF3KPBT572YCR.
MLA: U.S. Supreme Court. "Syllabus." Sgro v. United States, 287 U.S. 206 (1932), in 287 U.S. 206, page 287 U.S. 208. Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=ESJF3KPBT572YCR.
Harvard: U.S. Supreme Court, 'Syllabus' in Sgro v. United States, 287 U.S. 206 (1932). cited in 1932, 287 U.S. 206, pp.287 U.S. 208. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=ESJF3KPBT572YCR.
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