LEGAL

RESEARCH

Go-Bart Importing Co. v. United States

Facts

Government agents obtained an arrest warrant for the defendants. In serving the warrant, the agents entered the defendantsโ€™ business premises, falsely claiming they possessed a search warrant. The agents then secured a series of papers through these searches located throughout the business.

Issue

Whether the government is reasonable in conducting a search of the premises in which a lawful arrest has occurred?

Held

No. The Court does not recognize a general right of the government to search the premise in which an arrest takes place.

Discussion

The Court found the governmentโ€™s search ancillary to the arrests to be โ€œa lawless invasion of the premises and a general exploratory search in the hope that evidence of crime might be found.โ€ This illegal search was not to be confused with one in which officers secured evidence that was โ€œvisible and accessible and in the offenderโ€™ immediate custody. There was no threat of force or general search or rummaging of the place.โ€

Citation

282 U.S. 344, 51 S. Ct. 153 (1931)

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