Scher v. United States
305 U.S. 251 (1938)

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U.S. Supreme Court

Scher v. United States, 305 U.S. 251 (1938)

Scher v. United States

No. 49

Argued November 7, 1938

Decided December 5, 1938

305 U.S. 251

Syllabus

1. In a prosecution for possession and transportation of distilled spirits in containers lacking the requisite revenue stamps, in violation of § 201 of the Liquor Taxing Act of 1934, a defense that the distilled spirits involved were not intended for sale and were therefore expressly excepted from the provisions of the Act must be affirmatively proved. P. 305 U. S. 254.

2. Under the circumstances disclosed in this case, the search of an automobile and seizure of liquor therefrom, without a warrant, after the car had entered a garage appurtenant to a private dwelling, to which it had been pursued by federal officers, was not an unreasonable search and seizure, and, in a prosecution for violation of § 201 of the Liquor Taxing Act of 1934, a motion to suppress the evidence thereby obtained was properly overruled. P. 305 U. S. 255.

3. A federal officer who has made an arrest following a tip as to a violation of a federal law may not, in a prosecution for such violation, be required to reveal the identity of his informant where this is not essential to the defense. P. 305 U. S. 254.

95 F.2d 64 affirmed.

Certiorari, 304 U.S. 557, to review the affirmance of a conviction for violation of the Liquor Taxing Act of 1934.

Page 305 U. S. 252

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