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Grau v. United States, 287 U.S. 124 (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.
Grau v. United States, 287 U.S. 124 (1932)
Grau v. United States No. 43 Argued October 10, 1932 Decided November 7, 1932 287 U.S. 124
CERTIORARI TO THE CIRCUIT COURT OF APPEALS
FOR THE SIXTH CIRCUIT
Syllabus
1. An affidavit which merely asserts affiant’s belief in the truth of statements made in the affidavit of another, to which it refers, is insufficient to support the issuance of a search warrant. P. 127.
2. An affidavit setting forth facts tending to show that the dwelling described was used as a manufactory of intoxicating liquors, but which states no facts from which a sale, on or off the premises, necessarily is to be inferred, is insufficient to support the issuance of a search warrant. National Prohibition Act, Title II, § 25; Act of June 15, 1917, Title XI, § 6. P. 128.
3. The guaranties of the Fourth Amendment are to be liberally construed to prevent impairment of the protection extended. Id.
4. Section 25 of Title II of the National Prohibition Act was intended to preserve the citizen’s right to immunity from unreasonable search, and it should be construed so a to effect that purpose. P. 128.
5. The evidence upon which a search warrant is based must be such as would be competent in a trial before a jury and would lead a man of prudence and caution to believe that the offense was committed. P. 128.
56 F.2d 779 reversed.
Certiorari, 286 U.S. 539, to review a judgment affirming a conviction for violation of the National Prohibition Act.
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Chicago: U.S. Supreme Court, "Syllabus," Grau v. United States, 287 U.S. 124 (1932) in 287 U.S. 124 287 U.S. 126. Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=SUFN3II7RG1BGTM.
MLA: U.S. Supreme Court. "Syllabus." Grau v. United States, 287 U.S. 124 (1932), in 287 U.S. 124, page 287 U.S. 126. Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=SUFN3II7RG1BGTM.
Harvard: U.S. Supreme Court, 'Syllabus' in Grau v. United States, 287 U.S. 124 (1932). cited in 1932, 287 U.S. 124, pp.287 U.S. 126. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=SUFN3II7RG1BGTM.
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