importing argued november decided january edward colladay washington benjamin pettus joseph mcgarraghy washington counsel petitioners attorney general thomas thacher sol washington respondent justice butler delivered opinion criminal proceeding commissioner southern district new york gowen bartels others defendants petitioners applied district order enjoining use evidence books papers alleged seized taken petitioners violation fourth fifth amendments directing return made order show cause relief prayed granted attorney appeared opposed motion affidavits calhoun special agent charge special agents bureau prohibition certain subordinates filed opposition district denied applications circuit appeals affirmed attorney held special agent charge order show cause discharged petitioners applications district form affidavits set forth following june calhoun went commissioner order warrant issued arrest gowen bartels others verified filed complaint alleged upon information belief beginning january continuing filing complaint gowen bartels defendants conspired district commit nuisance say possess transport sell solicit receive orders intoxicating liquor violation national prohibition act pursuance conspiracy effect objects one heath purchased automobile may see code usca complaint specify builing structure location place set forth particulars overt act show connection purchase automobile offense referred complaint day commissioner issued warrant usual form commanding marshal district deputies apprehend persons accused bring commissioner judge justice dealt according law next day calhoun subordinates prohibition agents collins sipe went petitioning company office fifth avenue bartels company entered said warrant search premises exhibited paper falsely claimed warrant agents arrested bartels searched person took papers therefrom gowen president company came office told warrant arrest warrant search premises agents arrested searched gowen took papers took keys threat force compelled open desk safe searched took papers searched parts office took therefrom papers journals account books letter files insurance policies cancelled checks index cards things belonging respectively gowen bartels company brevity referred herein gowen bartels day arraigned commissioner held bail answer complaint date set examination hearing postponed time time examination papers seized taken office calhoun subtreasury building examined attorney subordinates papers since kept held later herein shown control attorney care custody special agent charge use evidence gowen bartels soon seizures made petitioners brought suit equity federal district special agent charge attorney enjoin using papers evidence returned dismissed suits ground proper remedy motion criminal proceedings gowen bartels behalf company acting bartels made applications made order show cause injunction issue restraining officers using evidence papers seized order issue directing return opposition affidavit one braidwood submitted tends show petitioners others acting together engaged unlawful sale intoxicating liquor company office exhibited took orders intoxicating liquor delivered elsewhere april reported facts calhoun calhoun affidavit braidwood reported independent investigations corroborated statements thus knew conspiracy unlawfully sell intoxicating liquors entered overt acts furtherance thereof performed within district believed petitioners parties conspiracy prior day arrests communicated statements belief assigned investigate case affidavit information given calhoun believed petitioners others conspired calhoun described company office detail personal appearnce gowen bartels june took certified copy complaint warrant purpose reference names various defendants went petitioners office consisted suite three rooms fitted office furniture including desks filing cabinets safe told bartels gowen officer placed arrest conspiracy warrant upon either office searched found taken therefrom approximately dozen bottles assorted intoxicating liquor large number memoranda books account records filing cases papers pertained unlawful dealings gowen bartels intoxicating liquors affidavit also papers seized quantity bulk tnat impracticable attach copies affidavit papers incorporated herein reference made part hereof made available inspection time desired connection consideration order show cause reply affidavit petitioners submitted affidavits gowen bartels defendants arrested company office occasion affidavits persons present part time prohibition agents affidavits show said warrant arrest produced paper several affiants say read believe warrant issued commissioner copy filed moving papers details conflict evidence district refused sustain contention use made warrant accepted statements claimed warrants arrests searches circuit appeals definitely express opinion matter examined evidence requires finding claim warrant issued commissioner copy arrested gowen bartels claimed purported act warrant warrant search premises issued orders dismissing petitioners suits equity us question whether district jurisdiction summarily deal petitioner applications brought forward parties arises upon record considered circuit appeals suggested argument commissioners inferior officers allred rice ames cf ex parte hennen pet et act may stat abolished commissioners circuit courts authorized district appoint commissioners gave powers duties commissioners circuit courts required appointments entered record district courts provided commissioners hold office subject removal appointing code usca required keep records proceedings criminal cases deliver clerks courts commissioners ceasing hold office section usca authorized statute respect numerous matters relations district courts vary official acts cf allred ubi supra grin shine todd collins miller berry ex part perkins mary need consider power district may exert commissioners dealing matters unlike us commissioner acted rev provides crime offense offender may justice judge commissioner circuit take bail commissioner arrested imprisoned bailed case may trial law cognizance offense code usca commissioner acts things done prohibition officers respect matter preparatory preliminary consideration charge grand jury indictment found final disposition case district commissioner acted judge mere officer district proceedings authority take control time todd ubi supra collins miller ubi supra berry supra casino notwithstanding order show cause addressed alone substance effect proceeding attorney special agent charge special agent charge prosecuting witness duty statute report violations attorney donnelley authorized subject control attorney prosecution committing trial purpose offenders held action grand jury code usca immaterial whether intended personally conduct prosecution commissioner attorney control prosecution commissioner whether conducted assistants prohibition agents papers held subject control direction although immediate care ad ustody prohibition officers voluntarily came defend seizure retention proposed use papers effect became parties proceeding making papers part affidavit brought papers within power constructively possession indeed papers already come within reach far purports run form order may treated mere irregularity attorney special agent charge officers authorized conduct prosecution control custody papers purpose respect acts relating prosecution alike subject proper exertion disciplinary powers facts shown plain district jurisdiction summarily determine whether evidence suppressed papers returned petitioners weeks ann cas wise henkel silverthorne lumber cogen mills mchie lydecker kraus cf applybe government concedes warrant authorize prohibition agents make arrests complaint substance recited warrant verified merely information belief state facts sufficient constitute offense ex parte burford cranch rice ames supra page byars cruikshank hess ruroede warrant improvidently issued invalid face purport authorize anyone marshal deputies company mentioned complaint warrant stranger proceeding commissioner unquestionably order district final appealable cogen ubi supra ex parte tiffany savannah jesup gumbel pitkin application made information indictment found returned gowen bartels nothing show criminal proceeding ever instituted post shown complaint state offense follows order district made dependent upon case proceeding pending therefore order appealable cogen ubi supra perlman burdeau mcdowell without pausing consider matter assume held lower courts facts calhoun informed prior arrests sufficient justify apprehension without warrant gowen bartels conspiracy referred braidwood affidavit basis treat arrests lawful valid question raised search persons remains consideration ues tion whether search premises seizure papers therefrom retention use evidence may sustained first clause fourth amendment declares right people cure persons houses papers effects unreasonable searches seizures shall violated general forbids every search unreasonable protects suspected known offenders well innocent unquestionably extends premises search made papers taken gouled second clause declares warrants shall issue upon probable cause supported oath affirmation particularly describing place searched persons things seized prevents issue warrants loose vague doubtful bases fact emphasizes purpose protect general searches since creation government searches deemed obnoxious fundamental principles liberty denounced constitutions statutes every state union agnello need protection attested alike history present conditions amendment liberally construed owe duty vigilance effective enforcement lest shall impairment rights protection adopted boyd weeks supra pages formula determination reasonableness case decided facts circumstances claimed officers saw conspiracy committed suggestion gowen bartels committing crime arrested april braidwood reported calhoun existence conspiracy pursuance sales deliveries intoxicating liquor made record show criminal overt act calhoun description company office detail gowen bartels shows knew place offenders notwithstanding abundance information time swear valid warrant failed falsely claimed warrant search premises made arrests color invalid warrant pretension right threat force compelled gowen open desk safe others made general apparently unlimited search ransacking desk safe filing cases parts office lawless invasion premises general exploratory search hope evidence crime might found federal trade commission american tobacco plainly case us essentially different marron officers executing valid search warrant intoxicating liquors found arrested one birdsall pursuance conspiracy actually engaged running saloon incident arrest seized ledger closet liquor kept bills beside cash register things visible accessible offender immediate custody threat force general search rummaging place uncontradicted evidence requires finding search premises unreasonable silverthorne lumber supra marron supra page kirschenblatt judgments must reversed andthe case remanded district directions enjoin attorney special agent charge using papers evidence order returned petitioners reversed footnotes office commissioner see section act march stat section act february stat act march stat sections act august stat rev usca note sections act may stat usca maresca powers duties commissioners include arrest imprison bail trial code usca see also sections certain cases take recognizances witnesses preliminary hearings code usca issue warrants examine persons charged fugitives justice code usca hold security peace good behavior code usca issue search warrants code usca code usca take bail affidavits civil causes code usca discharge poor convicts imprisoned fines code usca institute prosecutions laws relating elective franchise civil rights appoint persons execute warrants thereunder code usca enforce arbitration awards foreign consuls disputes captains crews foreign vessels code usca summon master ship show cause process issue seamen wages code usca take oaths acknowledgments code usca code usca