United States Supreme Court Cases & Opinions

U.S. Supreme Court

Sgro v. United States, 287 U.S. 206 (1932)

Sgro v. United States

No. 55

Argued October 10, 1932

Decided December 5, 1932

287 U.S. 206

Syllabus

1. The provisions of the Fourth Amendment relative to search warrants, and of legislation regulating that process, should be liberally construed in favor of the individual. P. 287 U. S. 210.

2. Under § 25 of the National Prohibition Act and the provisions of the Act of June 15, 1917 (Espionage Act), to which that section refers, a warrant to search for intoxicating liquor becomes void at the expiration of ten days from the date of its issuance, and cannot then be revived by the magistrate merely by redating and reissuing it solely on the basis of the affidavit upon which it was issued originally. Pp. 287 U. S. 210 et seq.

3. The issue of a new warrant is a new proceeding, and must be supported by proof that probable cause then exists. P. 287 U. S. 211.

54 F.2d 1083 reversed.

Certiorari, 286 U.S. 539, to review the affirmance of a judgment on conviction under the Prohibition Act. Evidence seized under a search warrant was used against the defendant at the trial after a petition for its return to him, on the ground that the search was illegal, had been made and overruled.

Page 287 U. S. 208