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Byars v. United States, 273 U.S. 28 (1927)
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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.
Byars v. United States, 273 U.S. 28 (1927)
Byars v. United States No. 72 Argued November 29, 1926 Decided January 3, 1927 273 U.S. 28
CERTIORARI TO THE CIRCUIT COURT OF APPEALS
FOR THE EIGHTH CIRCUIT
Syllabus
1. A state search warrant based on an information alleging that affiant "has good reason to believe and does believe defendant has in his possession" intoxicating liquors and instruments and materials used in the manufacturing of such liquors cannot, under the Fourth Amendment, sustain a federal search of defendant’s house and seizure therein of counterfeit internal revenue stamps. P. 29.
2. Evidence of crime discovered by a federal officer in making a search without lawful warrant may not be used against the victim of the unlawful search where a timely challenge has been interposed. P. 29.
3. Constitutional provisions for the security of person and property are to be liberally construed, and "it is the duty of courts to be watchful for the constitutional rights of the citizen, and against any stealthy encroachments thereon." P. 32.
4. When a federal officer participates officially with state officers in a search, so that, in substance and effect, it is their joint operation, the legality of the search and of the use in evidence of the things seized, is to be tested, in federal prosecutions, as it would be if the undertaking were exclusively his own. P. 32.
4 F.2d 507 reversed.
Certiorari (268 U.S. 684) to a judgment of the Circuit Court of Appeals which affirmed a conviction of Byars for unlawful possession of counterfeit "strip" stamps.
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Chicago: U.S. Supreme Court, "Syllabus," Byars v. United States, 273 U.S. 28 (1927) in 273 U.S. 28 Original Sources, accessed November 25, 2024, http://originalsources.com/Document.aspx?DocID=PF3W2R9NXM2ZTBC.
MLA: U.S. Supreme Court. "Syllabus." Byars v. United States, 273 U.S. 28 (1927), in 273 U.S. 28, Original Sources. 25 Nov. 2024. http://originalsources.com/Document.aspx?DocID=PF3W2R9NXM2ZTBC.
Harvard: U.S. Supreme Court, 'Syllabus' in Byars v. United States, 273 U.S. 28 (1927). cited in 1927, 273 U.S. 28. Original Sources, retrieved 25 November 2024, from http://originalsources.com/Document.aspx?DocID=PF3W2R9NXM2ZTBC.
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