U.S. Supreme Court SCHER v. UNITED STATES, 305 U.S. 251 (1938)

[Page 305 U.S. 251, 255]

and the application of this to the facts there disclosed, it seems plain enough that just before he entered the garage the following officers properly could have stopped petitioner's car, made search and put him under arrest. So much was not seriously controverted at the argument.

Passage of the car into the open garage closely followed by the observing officer did not destroy this right. No search was made of the garage. Examination of the automobile accompanied an arrest, without objection and upon admission of probable guilt. The officers did nothing either unreasonable or oppressive. Agnello v. United States, 269 U.S. 20, 30, 46 S.Ct. 4, 5, 51 A.L.R. 409; Wisniewski v. United States, 6 Cir., 47 F.2d 825, 826.

The challenged judgment is affirmed. Footnotes

Footnote 1 Ch. 1, secs. 201, 207, 48 Stat. 313, 316, 317 (U.S.C., Title 26, 1152a, 1152g, 26 U.S.C.A. 1152a, 1152g)-'No person shall ... transport, possess, buy, sell, or transfer any distilled spirits, unless the immediate container thereof has affixed thereto a stamp denoting the quantity of distilled spirits contained therein and evidencing payment of all internal-revenue taxes imposed on such spirits. The provsions of this title (this section and sections 1152b to 1152g) shall not apply to-'(f) Distilled spirits not intended for sale or for use in the manufacture or production of any article intended for sale; ....'

Sec. 207-'Any person who violates any provision of this title ( sections 1152a to 1152g), ... shall on conviction be punished by a fine not exceeding $1,000, or by imprisonment at hard labor not exceeding five years, or by both.'