Search Supreme Court Cases

SCHER V. UNITED STATES, 305 U. S. 251 (1938)

U.S. Supreme Court

Scher v. United States, 305 U.S. 251 (1938)

Scher v. United States

No. 49

Argued November 7, 1938

Decided December 5, 1938

305 U.S. 251


1. In a prosecution for possession and transportation of distilled spirits in containers lacking the requisite revenue stamps, in violation of § 201 of the Liquor Taxing Act of 1934, a defense that the distilled spirits involved were not intended for sale and were therefore expressly excepted from the provisions of the Act must be affirmatively proved. P. 305 U. S. 254.

2. Under the circumstances disclosed in this case, the search of an automobile and seizure of liquor therefrom, without a warrant, after the car had entered a garage appurtenant to a private dwelling, to which it had been pursued by federal officers, was not an unreasonable search and seizure, and, in a prosecution for violation of § 201 of the Liquor Taxing Act of 1934, a motion to suppress the evidence thereby obtained was properly overruled. P. 305 U. S. 255.

3. A federal officer who has made an arrest following a tip as to a violation of a federal law may not, in a prosecution for such violation, be required to reveal the identity of his informant where this is not essential to the defense. P. 305 U. S. 254.

95 F.2d 64 affirmed.

Certiorari, 304 U.S. 557, to review the affirmance of a conviction for violation of the Liquor Taxing Act of 1934.

Page 305 U. S. 252

Powered by Justia US Supreme Court Center: SCHER V. UNITED STATES, 305 U. S. 251 (1938)

Official Supreme Court caselaw is only found in the print version of the United States Reports. Justia caselaw is provided for general informational purposes only, and may not reflect current legal developments, verdicts or settlements. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or information linked to from this site. Please check official sources.