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Dumbra v. United States, 268 U.S. 435 (1925)
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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.
Dumbra v. United States, 268 U.S. 435 (1925)
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Dumbra v. United States No. 546 Argued April 20, 21, 1925 Decided May 25, 1925 268 U.S. 435
ERROR TO THE DISTRICT COURT OF THE UNITED STATES
FOR THE SOUTHERN DISTRICT OF NEW YORK
Syllabus
1. A prohibition agent, appointed by the Commissioner of Internal Revenue with the approval of the Secretary of the Treasury, charged with enforcing the Prohibition Act, is authorized to receive and execute a warrant to search for contraband liquors. Steele v. United States, 267 U.S. 505. P. 436.
2. Upon a motion to quash a search warrant and for return of liquor seized under it upon the ground that the warrant was issued without probable cause, in violation of the Fourth Amendment, because of the alleged inadequacy of the evidence set forth in the affidavit, the question whether, on trial had, the government may succeed in condemning the liquor seized is not presented. P. 437.
3. The fact that one has a permit under the Prohibition Act to make and sell wines on his premises for nonbeverage purposes, and is under bond, and the premises subject to inspection by internal revenue officers during business hours, does not preclude the issuance of a warrant, upon probable cause, to search the place for wines there possessed illegally for beverage purposes. P. 437.
4. Facts set forth in an affidavit held sufficient to show probable cause justifying issuance of a search warrant. P. 438.
Affirmed.
Error to a final order of the district court denying a motion to quash a search warrant and for return of fifty barrels of wine which had been seized under it under the Prohibition Act.
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Chicago: U.S. Supreme Court, "Syllabus," Dumbra v. United States, 268 U.S. 435 (1925) in 268 U.S. 435 268 U.S. 436. Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=GMLS2KU319YW5AY.
MLA: U.S. Supreme Court. "Syllabus." Dumbra v. United States, 268 U.S. 435 (1925), in 268 U.S. 435, page 268 U.S. 436. Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=GMLS2KU319YW5AY.
Harvard: U.S. Supreme Court, 'Syllabus' in Dumbra v. United States, 268 U.S. 435 (1925). cited in 1925, 268 U.S. 435, pp.268 U.S. 436. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=GMLS2KU319YW5AY.
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