Nathanson v. United States, 290 U.S. 41 (1933)

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Nathanson v. United States

No. 39

Argued October 9, 1933
Decided November 6, 1933
290 U.S. 41

CERTIORARI TO THE CIRCUIT COURT OF APPEAL

FOR THE THIRD CIRCUIT

Syllabus

1. Under the Fourth Amendment, an officer may not properly issue a warrant to search a private dwelling unless he can find probable cause therefor from facts or circumstances presented to him under oath or affirmation. Mere affirmance of belief or suspicion is not enough. P. 46.

2. This principle applies to searches for goods imported in fraud of the tariff law as well as to other cases. P. 47.

63 F.2d 937 reversed.

Certiorari, 289 U.S. 720, to review the affirmance of a sentence in a prosecution under the National Prohibition Act for unlawful possession of intoxicating liquors. The trial court had refused to exclude evidence for the Government obtained by searching a private dwelling under color of a search warrant.