United States Supreme Court Cases & Opinions

U.S. Supreme Court

Grau v. United States, 287 U.S. 124 (1932)

Grau v. United States

No. 43

Argued October 10, 1932

Decided November 7, 1932

287 U.S. 124

Syllabus

1. An affidavit which merely asserts affiant's belief in the truth of statements made in the affidavit of another, to which it refers, is insufficient to support the issuance of a search warrant. P. 287 U. S. 127.

2. An affidavit setting forth facts tending to show that the dwelling described was used as a manufactory of intoxicating liquors, but which states no facts from which a sale, on or off the premises, necessarily is to be inferred, is insufficient to support the issuance of a search warrant. National Prohibition Act, Title II, § 25; Act of June 15, 1917, Title XI, § 6. P. 287 U. S. 128.

3. The guaranties of the Fourth Amendment are to be liberally construed to prevent impairment of the protection extended. Id.

4. Section 25 of Title II of the National Prohibition Act was intended to preserve the citizen's right to immunity from unreasonable search, and it should be construed so a to effect that purpose. P. 287 U. S. 128.

5. The evidence upon which a search warrant is based must be such as would be competent in a trial before a jury and would lead a man of prudence and caution to believe that the offense was committed. P. 287 U. S. 128.

56 F.2d 779 reversed.

Certiorari, 286 U.S. 539, to review a judgment affirming a conviction for violation of the National Prohibition Act.

Page 287 U. S. 126