United States Supreme Court Cases & Opinions

U.S. Supreme Court

Dumbra v. United States, 268 U.S. 435 (1925)

Dumbra v. United States

No. 546

Argued April 20, 21, 1925

Decided May 25, 1925

268 U.S. 435

Syllabus

1. A prohibition agent, appointed by the Commissioner of Internal Revenue with the approval of the Secretary of the Treasury, charged with enforcing the Prohibition Act, is authorized to receive and execute a warrant to search for contraband liquors. Steele v. United States, 267 U. S. 505. P. 268 U. S. 436.

2. Upon a motion to quash a search warrant and for return of liquor seized under it upon the ground that the warrant was issued without probable cause, in violation of the Fourth Amendment, because of the alleged inadequacy of the evidence set forth in the affidavit, the question whether, on trial had, the government may succeed in condemning the liquor seized is not presented. P. 268 U. S. 437.

3. The fact that one has a permit under the Prohibition Act to make and sell wines on his premises for nonbeverage purposes, and is under bond, and the premises subject to inspection by internal revenue officers during business hours, does not preclude the issuance of a warrant, upon probable cause, to search the place for wines there possessed illegally for beverage purposes. P. 268 U. S. 437.

4. Facts set forth in an affidavit held sufficient to show probable cause justifying issuance of a search warrant. P. 268 U. S. 438.

Affirmed.

Error to a final order of the district court denying a motion to quash a search warrant and for return of fifty

Page 268 U. S. 436

barrels of wine which had been seized under it under the Prohibition Act.