Oliver Wendell Holmes, Jr.

“ They seem to us to embody good sense. The exclusion of evidence obtained by an unlawful search and seizure stand on a different ground. If the search and seizure are unlawful as invading personal rights secured by the Constitution those rights would be infringed yet further if the evidence were allowed to be used. The decree of the Circuit Court of Appeals is affirmed.
Decree affirmed.
Notes
This work is in the public domain in the United States because it is a work of the United States federal government (see 17 U.S.C. 105) . ”

“ The owner of the property suffers nothing that he would not have suffered if the seizure had been authorized. However effected it brings the object within the power of the Court, which is an end that the law seeks to attain, and justice to the owner is as safe in the one case as in the other. The jurisdiction of the Court was secured by the fact that the res was in possession of the prohibition director when the libel was filed. ”

“ Story, 294 F. 517 (C. C. A. Fifth Circuit) but contrary to United States v. Loomis, 297 F. 359 (C. C. A. Ninth Circuit) ; this last decision being considerably qualified however by the same Court in the later case of United States v. ”