Opinion · Court of Appeals for the Sixth Circuit
Schutte v. United States
21 F.2d 830
- Type
- Opinion
- Court
- Court of Appeals for the Sixth Circuit
- Jurisdiction
- Federal
- Date
- 1927-10-15
- Topic
- general
PER CURIAM. Affirmed. In the search of a dwelling made by consent, no search warrant is necessary. Gatterdam v. U.
Citator
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- 6 opinions
SCHUTTE v. UNITED STATES,21 F.2d 830(6th Cir. 1927)
SCHUTTE v. UNITED STATES.
No. 4916.
Circuit Court of Appeals, Sixth Circuit.
October 15, 1927.
Criminal prosecution by the United States against Bernardus Schutte. Judgment of conviction, and defendant brings error. Affirmed.
Edward J. Bowman, U.S. Atty., of Grand Rapids, Mich. (Louis H. Grettenberger, Asst. U.S. Atty., of Grand Rapids, Mich., on the brief), for the United States.
Before DENISON and MOORMAN, Circuit Judges, and HICKENLOOPER, District Judge.
We cannot think that the statute of 1921 (U.S. Code, tit. 18, § 53 [18 USCA § 53]) intended to penalize a search to which the householder voluntarily agreed, much less, to make inadmissible evidence thus found. See U.S. v. Lindsly (D.C.)7 F.2d 247.
Such possession as was here shown may constitute an offense separate from manufacture or sale (Albrecht v. U.S.,273 U.S. 1,47 S. Ct. 250,71 L. Ed. 505); and by the terms of the act (section 33, National Prohibition Act [27 USCA § 50; Comp. St. § 10138½t]), possession of liquor is prima facie evidence that it was kept for the purposes of sale, and hence that a nuisance was being maintained.
Regardless of the confession to which objection was made, the evidence made guilt practically indisputable.Page 968