Abel v. United States

362 U.S. 217, 80 S. Ct. 683, 4 L. Ed. 2d 668, 1960 U.S. LEXIS 1412
CourtSupreme Court of the United States
DecidedMarch 28, 1960
Docket2
StatusPublished
Cited by1,477 cases

This text of 362 U.S. 217 (Abel v. United States) is published on Counsel Stack Legal Research, covering Supreme Court of the United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Abel v. United States, 362 U.S. 217, 80 S. Ct. 683, 4 L. Ed. 2d 668, 1960 U.S. LEXIS 1412 (1960).

Opinions

Mr. Justice Frankfurter

delivered the opinion of the Court.

The question in this case is whether seven items were properly admitted into evidence at the petitioner’s trial for conspiracy to commit espionage. All seven items were seized by officers of the Government without a search warrant. The seizures did not occur in connection with the exertion of the criminal process against petitioner. They arose out of his administrative arrest by the United States Immigration and Naturalization Service as a preliminary to his deportation. A motion to suppress these items as evidence, duly made in the District Court, was denied after a full hearing. 155 F. Supp. 8. Petitioner was tried, convicted and sentenced to thirty years’ imprisonment and to the payment of a fine of $3,000. The Court of Appeals affirmed, 258 F. 2d 485. We granted certiorari, 358 U. S. 813, limiting the grant to the following two questions:

“1. Whether the Fourth and Fifth Amendments to the Constitution of the United States are violated by [219]*219a search and the seizure of evidence without a search warrant, after an alien suspected and officially accused of espionage has been taken into custody for deportation, pursuant to an administrative Immigration Service warrant, but has not been arrested for the commission of a crime?
“2. Whether the Fourth and Fifth Amendments to the Constitution of the United States are violated when articles so seized are unrelated to the Immigration Service warrant and, together with other articles obtained from such leads, are introduced as evidence in a prosecution for espionage?”

Argument was first heard at October Term, 1958. The case having been set down for reargument at this Term, 359 U. S. 940, counsel were asked to discuss a series of additional questions, set out in the margin.

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Bluebook (online)
362 U.S. 217, 80 S. Ct. 683, 4 L. Ed. 2d 668, 1960 U.S. LEXIS 1412, Counsel Stack Legal Research, https://law.counselstack.com/opinion/abel-v-united-states-scotus-1960.