Byars v. United States,
273 U.S. 28 (1927)

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U.S. Supreme Court

Byars v. United States, 273 U.S. 28 (1927)

Byars v. United States

No. 72

Argued November 29, 1926

Decided January 3, 1927

273 U.S. 28


1. A state search warrant based on an information alleging that affiant "has good reason to believe and does believe defendant has in his possession" intoxicating liquors and instruments and materials used in the manufacturing of such liquors cannot, under the Fourth Amendment, sustain a federal search of defendant's house and seizure therein of counterfeit internal revenue stamps. P. 273 U. S. 29.

2. Evidence of crime discovered by a federal officer in making a search without lawful warrant may not be used against the victim of the unlawful search where a timely challenge has been interposed. P. 273 U. S. 29.

3. Constitutional provisions for the security of person and property are to be liberally construed, and "it is the duty of courts to be watchful for the constitutional rights of the citizen, and against any stealthy encroachments thereon." P. 273 U. S. 32.

4. When a federal officer participates officially with state officers in a search, so that, in substance and effect, it is their joint operation, the legality of the search and of the use in evidence of the things seized, is to be tested, in federal prosecutions, as it would be if the undertaking were exclusively his own. P. 273 U. S. 32.

4 F.2d 507 reversed.

Certiorari (268 U.S. 684) to a judgment of the Circuit Court of Appeals which affirmed a conviction of Byars for unlawful possession of counterfeit "strip" stamps.

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