WHAT IS AN UNREASONABLE SEARCH?

Authors

Abstract

In Carroll v. United States (1925) 267 U. S. 132, 45 Sup. Ct. 280, the Supreme Court held that there may be a reasonable search of an automobile without a search warrant. The recent case of Agnello v. United States (Oct. 12, 1925) 46 Sup. Ct. 4, goes far in the opposite direction with reference to the search of a dwelling house. In the latter case several defendants were convicted of conspiracy to violate the Harrison Drug Act, a felony under the federal law. Two government revenue agents had negotiated with defendants Alba and Centorino in the home of Alba to buy narcotics. Centorino left the house to obtain the goods and his movements were watched by other federal officers. He was observed visiting his own home and later a building in which was located a grocery store and the home of defendant Frank Agnello. The latter with Centorino and others were seen leaving Agnello's house and entering Alba's home. Looking through a window of the latter place, the watchers saw Frank Agnello deliver some small packages to the officers within, who paid over some money to Alba. The officers outside then rushed in, arrested all the defendants, found that the packages contained cocaine and discovered the money on Alba's person. Later the officers found a can of cocaine in Frank Agnello's bed-room. This search was without a warrant and all the defendants objected at the trial to the admission in evidence of the can of cocaine, which objection was overruled by the trial court. The conviction of Frank Agnello was reversed and the judgment as to the others affirmed on the theory that only the privacy of the former had been violated by search of his house.

Recommended Citation

WHAT IS AN UNREASONABLE SEARCH?, 24 Mich. L. Rev. 277 (1926).
Available at: https://repository.law.umich.edu/mlr/vol24/iss3/5