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A case about search and seizure. During Prohibition, Byars was accused in Iowa of having
in possession certain counterfeit strip stamps of the kind used upon whisky bottled in bond. Byars
claimed the stamps were seized unlawfully. A search warrant was issued under state law, but there were
no state laws prohibiting possession of such stamps, only federal law. A federal revenue agent happened
to accompany the search and upon discovery took possession of the stamps, although the federal agent had
no lawful authority to do so.
In the majority opinion, the Supreme Court cited the case of Boyd v. U.S.,
“While it is true that the mere participation in a state search of one who is a federal officer does
not render it a federal undertaking, the court must be vigilant to scrutinize the attendant facts with
an eye to detect and a hand to prevent violations of the Constitution by circuitous and indirect
methods. Constitutional provisions for the security of person and property are to be liberally
construed, and ‘it is the duty of courts to be watchful for the constitutional rights of the citizen,
and against any stealthy encroachments thereon.’” In other words, rights must be interpreted in the
citizen’s favor.
Full text: Byars v. U.S., 273 U.S.
28 (1927) |