marron argued october decided november hugh smith benjamin mckinley san francisco petitioner attorney general mabel walker willebrandt asst atty justice butler delivered opinion october petitioner one birdsall five others indicted southern division northern district california charged conspired commit various offenses national prohibition act including maintenance nuisance polk street san francisco section criminal code tit usca one defendant never apprehended one acquitted rest found guilty marron birdsall two others obtained review circuit appeals judgment affirmed except petitioner secured reversal new trial found guilty conviction affirmed petitioner insists ledger certain bills obtained illegal search seizure put evidence violation fourth fifth amendments question arose first trial circuit appeals held book papers lawfully seized admissible second conviction held earlier decision governed trial established law case foreclosed consideration time prior october petitioner lessee entire second floor polk street day prohibition agent obtained commissioner warrant search place particularly describing things intoxicating liquors articles manufacture next day four prohibition agents went place secured admission causing doorbell rung six seven rooms containing slot machines ice box tables chairs cash register evidence shows place used retailing drinking intoxicating liquors dozen men women furnished intoxicating liquors petitioner birdsall charge agents handed warrant put arrest searched found large quantities liquor closet closet noticed ledger showing inventories liquors receipts expenses including gifts police officers things relating business found beside cash register number bills petitioner gas electric light water telephone service furnished premises seized ledger bills return made search warrant showed seizure intoxicating liquors show discovery seizure ledger bills indictment trial petitioner applied return ledger bills suppress evidence concerning application denied trial evidence show petitioner made entries ledger concerned proprietor partner carrying business selling intoxicating liquors long settled fifth amendment protects every person incrimination use evidence obtained search seizure made violation rights fourth amendment agnello cases cited petitioner insists ledger bills described warrant arrested person seizure violated fourth amendment contends seizure may justified either incident execution search warrant incident right search arising arrest birdsall charge saloon questions presented lower courts expressed divers views respect searches similar cases brief government facts case present one frequent causes appeals current cases reasons deal contentions fourth amendment declares right secure unreasonable searches shall violated declares warrants shall issue upon probable cause supported oath affirmation particularly describing place searched persons things seized general searches long deemed violate fundamental rights plain amendment forbids boyd page ed justice bradley writing said order ascertain nature proceedings intended fourth amendment constitution terms searches seizures necessary recall contemporary recent history controversies subject country england practice obtained colonies issuing writs assistance revenue officers empowering discretion search suspected places smuggled goods james otis pronounced worst instrument arbitrary power destructive english liberty fundamental principles law ever found english law book since placed liberty every man hands every petty officer weeks page ed ann cas justice day writing said effect amendment put courts federal officials exercise power authority limitations restraints exercise power authority forever secure people persons houses papers effects unreasonable searches seizures guise law protection reaches alike whether accused crime duty giving force effect obligatory upon intrusted federal system enforcement laws tendency execute criminal laws country obtain conviction means unlawful seizures enforced confessions find sanction judgments courts charged times support constitution people conditions right appeal maintenance fundamental rights requirement warrants shall particularly describe things seized makes general searches impossible prevents seizure one thing warrant describing another taken nothing left discretion officer executing warrant congress enacting laws governing issue execution search warrant diligent limit seizures things particularly described section title usca provides warrant may issue provided title usca section provides search warrant issued upon probable cause supported affidavit naming describing person particularly describing property place searched section requires officer executing warrant give person whose possession property taken found receipt specifying detail section requires forthwith return warrant judge commissioner verified inventory detailed account property taken section gives person property taken right copy inventory section provides appears property paper taken described warrant judge commissioner must cause returned person taken section provides punishment officer willfully exceeds authority executing search warrant government relies adams new york prosecution state involved search seizure law officer adams convicted gambling paraphernalia violation penal code new york appeared occupied office desk trunk tin boxes articles officers came stated search warrant said office arrested searched place found slips also papers relating private affairs policy papers introduced evidence indorsements handwriting objection private papers received furnish specimens writing show occupied office taken steps secure return private papers prevent use evidence trial contended seizure violated right secure unreasonable searches use evidence compelled witness violation fourth fifth amendments violation similar provisions state constitution appeals people adams held provisions federal constitution apply use private papers evidence violate state consitution declared expressed opinion seizure applied rule engaged trying criminal case take notice manner witnesses obtained papers offered evidence assuming without deciding fourth fifth amendments applicable held use private papers evidence violate right safeguarded amendments reference procedure trial declared stop inquire means evidence obtained decide whether seizure violated fourth amendment decided admission evidence private papers infringe fourth fifth amendments case support government contention see weeks supra silverthorne lumber agnello supra clear seizure ledger bills case consideration authorized warrant cf kirvin kirschenblatt steele arrested birdsall actually engaged conspiracy maintain actually charge premises intoxicating liquors unlawfully sold every place national prohibition act declared common nuisance maintenance punishable fine imprisonment section tit act october stat tit usca officers authorized arrest crime committed presence lawfully arrested birdsall right without warrant contemporaneously search place order find seize things used carry criminal enterprise agnello supra carroll weeks supra closet liquor ledger found used part saloon ledger essential maintenance establishment bottles liquors glasses none less part outfit equipment actually used commit offense birdsall person time arrest immediate possession control authority officers search seize things nuisance maintained extended parts premises used unlawful purpose cf sayers kirvin supra kirschenblatt supra bills gas electric light water telephone services disclosed items expense convenient fact necessary keeping accounts closely related business unreasonable consider used carry follows ledger bills lawfully seized incident arrest judgment affirmed footnotes motion leave file petition rehearing denied ed section title act october stat section title provides search warrant may issue provided title espionage act june stat title sections 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