lefkowitz argued decided april attorney general thomas thacher washington youngquist asst atty john byrne wilbur friedman washington brief david siegel milton seasonwein new york city respondent justice butler delivered opinion question whether searches seizures claimed government made lawfully dent arrest respondents warrant conspiracy violate national prohibition act transgressed rights fourth fifth amendments january prohibition agent complained commissioner southern district new york commencing june continuing time making complaint henry miller meaning respondent lefkowitz jane doe meaning respondent paris another person called richard roe conspire sell possess transport furnish deliver take orders intoxicating liquor contrary national prohibition act usca complaint alleged part conspiracy room broadway defendants solicit orders liquor delivered express companies carriers collect share proceeds alleged certain overt acts significance upon question consideration allegations complaint show complaining witness knowledge information facts amply sufficient justify accusation commissioner issued warrant attached copy complaint commanding marshal deputies arrest defendants given deputy marshal execution complaining witness three prohibition agents went room room ten feet wide twenty feet long divided partition outer portion stenographer desk used respondent paris towel cabinet waste basket inner part another desk basket deputy marshal agents entered lefkowitz room deputy marshal arrested thereupon one prohibition agents searched took person various papers things given deputy marshal later turned assistant attorney agents opened drawers desks examined contents took therefrom carried away books papers articles also searched towel cabinet took papers breaking desks cabinet locked also took contents baskets later pasted together pieces papers found therein respondent paris came room searched deputy marshal arrested searches seizures made without search warrant prohibition agents delivered special agent charge things taken desks cabinet baskets delivered assistant attorney lefkowitz applied suppression return held agent charge use making investigations concerning conspiracy referred complaint january district application lefkowitz issued order show cause make order suppression evidence obtained reason search room return books papers things belonging lefkowitz exception things prosecuting attorney wish retain evidence returned lefkowitz hearing papers articles seized produced submitted government submitted opposition respondents motions affidavits attorney deputy marshal three four prohibition agents district denied respondents motions construed complaint charge felony section criminal code usca defining conspiracy title national prohibition act usca defining nuisance held papers seized within meaning title sections usca kept used maintain nuisance said enough conspiracy petitioners associates gathered room conduct conspiracy act effect object might well follow sense word used carroll case supra seized papers contraband necessary however determine reason least within marron case papers usual ordinary means carrying business character presented circuit appeals reversed found search person lefkowitz lawful things taken might used evidence held things seized office furniture explored belong class referred firmly rooted proposition called general exploratory searches throughout premises personal property forbidden said matter articles personal property opened contents examined numerous right personal security liberty private property violated search general nothing specific whatever containers may hide view based eagerness officers get hold whatever evidence may able bring light search seizure officers indulged like marron things openly displayed view picked officers taken away time arrest made decision control indeed case differs essential facts one slightly said opinion characterizing search made apply equal force one must accordingly held unreasonable government maintains facts circumstances set forth affidavits submitted constitute sufficient showing arrests lawfully made valid warrant offense charged complaint also without regard warrant arrests justified made felony officers believing upon probable cause respondents committed arrested actually engaged commission crime argues since arrests lawful search place made lawful right search premises officers bound thoroughly clear respondents arrested proper execution warrant officers acting without warrant merely upon probable cause believe respondents guilty felonious conspiracy offense charged involved use room solicit orders liquor cause delivered collect divide proceeds nothing record support claim time arrest offense warrant issued crime committed presence officers claimed saw conspiracy committed understanding agreement combination made formed presence supra maintenance nuisance conspiracy maintain one involved complaint attempt purport charge either allege room place liquor ever manufactured sold kept bartered contained fixtures things essential intended used sale liquor consumed premises otherwise mere soliciting orders room connection uses alleged complaint sufficient constitute maintenance nuisance therein see sections title national prohibition act usca miller schechter cf todd facts circumstances stated affidavits prohibition agents support inconsistent negative assertions therein contained effect respondents arrested commiting crime conspiracy nuisance question presented whether searches desks cabinet baskets seizures things taken reasonable incident arrests must decided basis valid arrests warrant save given warrant lawfully incident execution officers authority respondents anything room disclosed circumstances clearly show prohibition agents assumed right contemporaneously arrest search tinize everything room order ascertain whether books papers things contained constituted evidence respondents guilt crime whether specified warrant offense act conduct unrestrained lists printed margin show numerous varied things found taken fourth amendment forbids every search unreasonable construed liberally safeguard right privacy byars protection extends offenders well law abiding weeks ann cas agnello authority officers search one house place business contemporaneously lawful arrest therein upon valid warrant arrest certainly greater conferred search warrant issued upon adequate proof sufficiently describing premises things sought obtained indeed informed deliberate determinations magistrates empowered issue warrants searches seizures permissible constitution preferred hurried action officers others may happen make arrests security unlawful searches likely attained resort search warrants reliance upon caution sagacity petty officers acting excitement attends capture persons accused crime kirschenblatt supra respondents papers wanted officers solely use evidence crime respondents accused suspected lawfully searched taken even search warrant issued upon ample evidence precisely describing things disclosing exactly gouled searches seizures distinguished seizure ledger bills sustained marron case prohibition officers lawfully premises searching liquor described search warrant arrested bartender crime openly committed presence maintaining nuisance violation act offense involved element continuity purchase liquor time time sale regular thing consumption upon premises transactions including keeping accounts ledger bills plain view picked officers incident arrest search made ledger held part outfit actually used commit offense bills deemed closely related business unreasonable consider employed carry use made book papers moment arrest containers chairs tables customers cash register glasses kept utilized needed facts disclosed opinion held justify inference arrest made ledger bill use carry criminal enterprise searches exploratory general made solely find evidence respondents guilt alleged conspiracy crime though intended used solicit orders liquor violation act papers articles found taken unoffending decisions distinguish searches one house office papers effects merely get evidence convict crime searches made find stolen goods return owner take property forfeited government discover property concealed avoid payment duties liable searches made seizure counterfeit coins burglars tools gambling paraphernalia illicit liquor order prevent commission crime boyd et weeks ann cas gouled supra carroll supra entick carrington tr lord camden declared one papers dearest property showed law england authorize search private papers help forward conviction even cases atrocious crime said page st tr proceedeth gentleness law towards criminals consideration power pernicious innocent useful public say certain law obligeth man accuse necessary means compelling falling upon innocent well guilty cruel unjust seem search evidence disallowed upon principle innocent confounded guilty teachings great case cherished statesmen constitution adopted boyd supra said principles laid opinion entick carrington affect essence constitutional liberty security apply invasions part government employees sanctity man home privacies life forcible compulsory extraction man testimony private papers used evidence convict crime forfeit goods within condemnation judgment regard fourth fifth amendments run almost always construed provisions constitution regard principles upon established direct operation literal meaning words used measure purpose scope provisions mcculloch maryland wheat boyd supra byars ubi supra case differ materially case ruled arrest may used pretext search evidence searches seizures challenged must held violative respondents rights fourth fifth amendments affirmed justice cardozo took part consideration decision case footnotes outer desk taken black leather covered notebook containing alphabetical list names addresses envelope marked room broadway new york city containing new york state motor vehicle registration certificate issued milton hordish kelly street bronx nash sedan bill statement amounting addressed herman bernstein bernstein lefkowitz broadway new york city apparently sent doctors whose names appear statement business card bearing name dave scherl giving address telephone number residence telephone number number business cards reading follows lefkowitz herman bernstein bernstein broadway york city room sheets typewriter paper heading thereon salmon broadway room envelopes addressed various persons throughout contained undated letters bearing typewritten signature salmon effect made yearly change name miller salmon received new stock merchandise sale cardboard covered binder containing alphabetical typewritten list names addresses stenographer notebook three raffle books inner desk taken bottle partly full alcohol shown intended fit beverage telephone address book containing names persons telephone numbers business card blank order book slips torn several business cards bernstein lefkowitz several typewriten sheets unbound bearing names addresses numerous people throughout writings made pasting together plecess paper taken baskets edison company electric light bill october december room broadway reading bill addressed herman bernstein broadway edison company electric light bill december january room broadway reading bill addressed herman bernstein broadway unsigned letter lefkowitz bernstein broadway lieberman east twelfth street new york city merchandise delivered salesmen order slips intoxicating liquor customers names addresses new york telephone company receipt dated january acknowledging received daniel lefkowitz sum telephone service chic pencil memorandum containing names amounts set respective names names myers gordon french pencil memorandum containing names amounts set names one dan total amount memorandum