reversing the conviction. It was there said (page 116 U. S. 623): "The search for and seizure of stolen or forfeited goods, or goods liable to duties and concealed to avoid the payment thereof, are totally different things from a search for and seizure of a man's private books and papers for the purpose of obtaining information therein contained, or of using them as evidence against him. But the connection between this distinction and the legality of plaintiffs in error's arrest is not apparent. So, also, the supervision authorized to be exercised by officers of the revenue over the manufacture or custody of excisable articles, and the entries thereof in books required by law to be kept for their inspection, are necessarily excepted out of the category of unreasonable searches and seizures. The Court notices judicially that Grand Rapids is about 152 miles from Detroit, and that Detroit, and its neighborhood along the Detroit River, which is the international boundary, is one of the most active centers for introducing illegally into this country spirituous liquors for distribution into the interior. Each filed a pre-trial motion to suppress evidence found at the time of arrest. The officers Jeremy Carroll and Brian Roberts proceded to the home of the Carman's. Yes, sir. McFadon. A search warrant may issue and such liquor, with the containers thereof, may be seized under the warrant and be ultimately destroyed. Granted. 682, authorizing Indian agents to cause the goods of traders in the Indian Country to be searched upon suspicion or information that ardent spirits were being introduced into the Indian Country, to be seized and forfeited if found, and of the Act of June 30, 1834, Section 20, c. 161, 4 Stat. Granted. Those are the bottles that were in there that Mr. Hanley said was gotten out of the Carroll car. I then started to open it up, and I did tear the cushion some, and Carroll said, 'Don't tear the cushion; we have only got six cases in there;' and I took out two bottles and found out it was liquor; satisfied it was liquor. 305, 315, and in Sections 68-71 of the Act of March 2, 1799, c. 22, 1 Stat. The facts leading to the search and seizure were as follows: on September 29th, Cronenwett and Scully were in an apartment in Grand Rapids. Silverthorne Lumber Co. v. United States, 251 U. S. 385, 251 U. S. 391: "The proposition could not be presented more nakedly. Whenever intoxicating liquors transported or possessed illegally shall be seized by an officer he shall take possession of the vehicle and team or automobile, boat, air or water craft, or any other conveyance, and shall arrest any person in charge thereof.". The Ash case is very similar in its facts to the case at bar and both were by the same court which decided Snyder v. United States, 285 Fed. DOCKET NO. Argued December 4, 1923. The efforts of the courts and their officials to bring the guilty to punishment, praiseworthy as they are, are not to be aided by the sacrifice of those great principles established by years of endeavor and suffering which have, resulted in their embodiment in the fundamental law of the land.". in his absence, and after a demand made upon his wife, it was inadmissible as evidence against the defendant because acquired by an unreasonable seizure. The term 'private dwelling' shall be construed to include the room or rooms used and occupied not transiently but solely as, a residence in an apartment house, hotel, or boarding house.". amend. To discover and to suspect are wholly different things. In this discussion, Mr. Justice Story, who delivered the judgment of the Court, said (page 22 U. S. 374): "It has been very justly observed at the bar that the Court is bound to take notice of public facts and geographical, positions, and that this remote part of the country has been infested, at different periods, by smugglers, is a matter of general notoriety, and may be gathered from the public documents of the government.". After we got them stopped, we asked them to get out of the car, which they did. Get Carroll v. Commissioner, 418 F.2d 91 (1969), United States Court of Appeals for the Seventh Circuit, case facts, key issues, and holdings and reasonings online … Nor are we now concerned with the question whether, by apt words, Congress might have authorized the arrest without a warrant. In the light of these authorities, and what is shown by this record, it is clear the officers here had justification for the search and seizure. 15. We know in this way that Grand Rapids is about 152 miles from Detroit, and that Detroit and its neighborhood along the Detroit River, which is the International Boundary, is one of the most active centers for introducing illegally into this country spirituous liquors for distribution into the interior. On the 15th of December, some two months later, Scully and Cronenwett, on their regular tour of duty, with Peterson, the State officer, were going from Grand Rapids to Ionia, on the road to Detroit, when Kiro and Carroll met and passed them in the same automobile, coming from the direction of Detroit to Grand Rapids. The Fourth Amendment does not denounce all searches or seizures, but only such as are unreasonable. (a) That the primary purpose is the seizure and destruction of the contraband liquor, and the provisions for forfeiture of the vehicle and arrest of the transporter are merely incidental. Joseph … Source for information on Carroll v. United States 1925: Supreme Court Drama: Cases That Changed America dictionary. P. 267 U. S. 158. Section 26, Title II, of the National Prohibition Act, like the second section of the Act of 1789, for the searching of vessels, like the provisions of the Act of 1815, and Section 3061, Revised Statutes, for searching vehicles for smuggled goods, and like the Act of 1822, and that of 1834 and Section 2140, R.S., and the Act of 1917 for the search of vehicles and automobiles for liquor smuggled into the Indian Country, was enacted primarily to accomplish the seizure and destruction of contraband goods; secondly, the automobile was to be forfeited, and thirdly, the driver was to be arrested. The history and terms of the Volstead Act are not consistent with the suggestion that it was the purpose of Congress to grant the power here claimed for enforcement officers. In the 1970s, the Supreme Court abandoned Taft’s concern over the mobility of vehicles and adopted language surrounding privacy. 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