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Scher v. United States, 305 U.S. 251 (1938)
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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.
Scher v. United States, 305 U.S. 251 (1938)
Scher v. United States No. 49 Argued November 7, 1938 Decided December 5, 1938 305 U.S. 251
CERTIORARI TO THE CIRCUIT COURT OF APPEALS
FOR THE SIXTH CIRCUIT
Syllabus
1. In a prosecution for possession and transportation of distilled spirits in containers lacking the requisite revenue stamps, in violation of § 201 of the Liquor Taxing Act of 1934, a defense that the distilled spirits involved were not intended for sale and were therefore expressly excepted from the provisions of the Act must be affirmatively proved. P. 254.
2. Under the circumstances disclosed in this case, the search of an automobile and seizure of liquor therefrom, without a warrant, after the car had entered a garage appurtenant to a private dwelling, to which it had been pursued by federal officers, was not an unreasonable search and seizure, and, in a prosecution for violation of § 201 of the Liquor Taxing Act of 1934, a motion to suppress the evidence thereby obtained was properly overruled. P. 255.
3. A federal officer who has made an arrest following a tip as to a violation of a federal law may not, in a prosecution for such violation, be required to reveal the identity of his informant where this is not essential to the defense. P. 254.
95 F.2d 64 affirmed.
Certiorari, 304 U.S. 557, to review the affirmance of a conviction for violation of the Liquor Taxing Act of 1934.
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Chicago: U.S. Supreme Court, "Syllabus," Scher v. United States, 305 U.S. 251 (1938) in 305 U.S. 251 305 U.S. 252. Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=VV95AEZES5D17BX.
MLA: U.S. Supreme Court. "Syllabus." Scher v. United States, 305 U.S. 251 (1938), in 305 U.S. 251, page 305 U.S. 252. Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=VV95AEZES5D17BX.
Harvard: U.S. Supreme Court, 'Syllabus' in Scher v. United States, 305 U.S. 251 (1938). cited in 1938, 305 U.S. 251, pp.305 U.S. 252. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=VV95AEZES5D17BX.
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