James Clark McReynolds

“ All unreasonable searches and seizures are absolutely forbidden by the Fourth Amendment. In some circumstances a public officer may make a lawful seizure without a warrant; in others he may act only under permission of one. In the present case the place of search and seizure was a private dwelling. The challenged warrant is said to constitute adequate authority therefor. The legality of the seizure depends upon its sufficiency. ”

“ The second denied the right to compel production of private papers in a suit by the United States to establish a forfeiture of goods fraudulently imported.
Under the Fourth Amendment, an officer may not properly issue a warrant to search a private dwelling unless he can find probable cause therefor from facts or circumstances presented to him under oath or affirmation. Mere affirmance of belief or suspicion is not enough. ”

“ It issued, however, under the authority of (section 595) the Tariff Act of 1930 * * *' 46 Stat. 752, c. 497 (19 USCA § 1595) . (This is identical with section 595, Tariff Act of 1922, 42 Stat. 983, c. 356 (19 USCA § 499) copied in the margin [1] .) ”