United States v. One Article of Device Labeled Spectro-Chrome

77 F. Supp. 50, 1948 U.S. Dist. LEXIS 2613
CourtDistrict Court, D. Oregon
DecidedMarch 15, 1948
DocketCiv. No. 2855
StatusPublished

This text of 77 F. Supp. 50 (United States v. One Article of Device Labeled Spectro-Chrome) is published on Counsel Stack Legal Research, covering District Court, D. Oregon primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. One Article of Device Labeled Spectro-Chrome, 77 F. Supp. 50, 1948 U.S. Dist. LEXIS 2613 (D. Or. 1948).

Opinion

McCOLLOCH, District Judge.

I have before me the petition of the United States Attorney to issue an order of seizure in this case based on the mandate of the Circuit Court of Appeals, 161 F.2d 669. Of course I must issue the order, though it is one of the most unpleasant tasks I have had to perform as judge. The policy of entering private homes to seize articles is governmental [51]*51madness. Just because you have authority does not mean that you have to use it. Indeed, the greatness of the United States Attorneys throughout the country, many of whom I have met, is that they resist so many demands from the multitude of bureaus and agencies that are presently employed to govern the people. I may add the United States Attorney has been allowed no choice in this case.

This is the first time, I believe, that a country-wide policy of entering homes has been adopted. I am sad that the policy has to be .enforced in this court.

The order of seizure will issue.

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Related

United States v. Olsen
161 F.2d 669 (Ninth Circuit, 1947)

Cite This Page — Counsel Stack

Bluebook (online)
77 F. Supp. 50, 1948 U.S. Dist. LEXIS 2613, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-one-article-of-device-labeled-spectro-chrome-ord-1948.