U.S. Supreme Court U. S. v. LEFKOWITZ, 285 U.S. 452 (1932)

[Page 285 U.S. 452, 459]

drawers of both desks, examined their contents, took therefrom and carried away books, papers, and other articles. [Footnote 1] They also searched the towel cabinet and took

[Page 285 U.S. 452, 460]

papers from it. 2 There was no breaking as the desks and cabinet were not locked. They also took the contents of the baskets and later pasted together pieces of papers found therein. [Footnote 3] Respondent Paris came in while the room was being searched, and the deputy marshal arrested her. All the searches and seizures were made without a search warrant. The prohibition agents delivered to the special agent in charge all the things taken from the desks, cabinet, and baskets. And, until delivered to the assistant United States attorney after Lefkowitz applied to the court for their suppression and return, they were held by the agent in charge for use in making further investigations concerning the conspiracy referred to in the complaint.

[Page 285 U.S. 452, 467]

amendments run almost into each other.' And this court has always construed provisions of the Constitution having regard to the principles upon which it was established. The direct operation or literal meaning of the words used do not measure the purpose or scope of its provisions. McCulloch v. Maryland, 4 Wheat. 316, 406, 407, 421; Boyd v. United States, supra; Byars v. United States, ubi supra.

This case does not differ materially from the Go-Bart Case and is ruled by it. An arrest may not be used as a pretext to search for evidence. The searches and seizures here challenged must be held violative of respondents' rights under the Fourth and Fifth Amendments.

AFFIRMED.

Mr. Justice CARDOZO took no part in the consideration or decision of this case. Footnotes

Footnote 1 From the outer desk were taken:

[Footnote 1] Black leather covered loose-leaf notebook, containing alphabetical list of names and addresses.

Footnote 2 An envelope marked room 604, 1547 Broadway, New York City, containing a 1929 New York State motor vehicle registration certificate 5 Y-2555, issued to Milton Hordish, 635 Kelly street, Bronx, N. Y., for a 1929 Nash sedan.

Footnote 3 A bill or statement amounting to $25 addressed to Herman Bernstein, c/o Bernstein & Lefkowitz, 1547 Broadway, New York City, apparently sent by doctors whose names appear on the statement.

Footnote 4 Business card bearing the name of Dave Scherl, giving his address and telephone number and residence telephone number.

Footnote 5 A number of business cards reading as follows:'Dan Lefkowitz Herman Bernstein 'Lefkowitz & Bernstein '1547 Broadway 'New York City 'Chickering 4-8928 Room 604

Footnote 6 About 25 sheets of typewriter paper with the heading thereon of 'William Salmon, 1547 Broadway, room 604.'

Footnote 7 About 75 envelopes addressed to various persons throughout the United States, some of which contained undated letters bearing the typewritten signature 'William Salmon' to the effect that he had made his yearly change of name from 'Henry Miller' to 'William Salmon' and that he had received a new stock of merchandise that was for sale.

Footnote 8 A cardboard covered loose-leaf binder, containing an alphabetical typewritten list of names and addresses.

Footnote 9 A stenographer's notebook and text-book.

Footnote 10 Three raffle books.

From the inner desk were taken:

[Footnote 1] Bottle partly full of alcohol (not shown to be intended or fit for beverage).

[Footnote 2] Telephone address book containing names of persons and telephone numbers.

[Footnote 3] Business card.

[Footnote 4] Blank order book with some of the slips torn out.

[Footnote 5] Several business cards of Bernstein & Lefkowitz.

[Footnote 2] Several typewriten loose-leaf sheets unbound bearing names and addresses of numerous people throughout the United States.

[Footnote 3] The writings made by pasting together plecess of paper taken from the baskets were:

Edison Company electric light bill from October 31 to December 3, 1930, for room 604 at 1547 Broadway, reading No. 6223, bill addressed to Herman Bernstein at 1547 Broadway.

Edison Company electric light bill from December 3, 1930, to January 5, 1931, for room 604 at 1547 Broadway, reading No. 6248, bill addressed to Herman Bernstein at 1547 Broadway.

Unsigned letter from Lefkowitz & Bernstein, 1547 Broadway, to L. Lieberman, 34 East Twelfth street, New York City, for merchandise delivered, $80.

Some 32-odd salesmen's order slips for intoxicating liquor with customers' names and addresses.

New York Telephone Company receipt No. 6225 dated January 8, 1931, acknowledging having received from Daniel Lefkowitz sum of $14.26 for telephone service, Chic. 4-8928.

A pencil memorandum containing names with amounts set after the respective names, some of these names being Myers, Gordon, French, and K.

A pencil memorandum containing names with amounts set after the names, one of them being Dan, $537, the total amount of the memorandum being $1, 497.95.