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- Title
A Recent Extension by the United States Supreme Court of the Doctrine of Incidental Search.
- Authors
Hill, Warren Phillip
- Abstract
The article reports that the recent case of Harris v. United States appears to have revived the controversy concerning the scope of protection afforded to individuals by the Fourth Amendment of the U.S. Federal Constitution. Two valid warrants of arrest were issued for the petitioner Harris. The warrants charged violation of the Mail Fraud Statute and the National Stolen Property Act. It was alleged, on probable cause, that a forged check had been sent through the mails in connection with a scheme to defraud a certain company in the sum of $25,000. Five agents of the Federal Bureau of Investigation went to Harris' apartment, found him there alone and arrested him. Without the authority conferred by a search warrant, the officers began a search of all the rooms of the apartment, for what the testifying agents described as anything they could find in connection with the violation of the law with which petitioner was charged. As the search neared its end, one of the agents uncovered a sealed envelope in a bedroom bureau drawer marked personal papers. In it were found some draft cards. These were seized, and subsequently used as the basis of a prosecution of Harris for violation of the draft law.
- Subjects
UNITED States; CRIMINAL procedure; MILITARY draft laws; MAIL fraud; CRIMINAL justice system; INTERNATIONAL law; CRIMINAL courts
- Publication
Journal of Criminal Law & Criminology (08852731), 1947, Vol 38, Issue 3, p244
- ISSN
0885-2731
- Publication type
Article
- DOI
10.2307/1138299