РефератыИностранный языкUnUnited States Vrs Gambino Essay Research Paper

United States Vrs Gambino Essay Research Paper

United States Vrs Gambino Essay, Research Paper


Gambino v. United States


Argued Oct 12 and 13th 1927


Decided Dec. 12 1927


SUMMARY


On August 1, 1924 Gambino and Lima were both arrested by two New York state


troopers . They were driving near the Canadian border when their car was searched with


out a warrant and intoxicating liquor was found and was taken. The liquor and other


property taken was immediately turned over to a Federal deputy collector of customs for


prosecution in the Federal court for Northern New York. Both Gambino and Lima were


charged with conspiracy to transport the liquor in violation with the national prohibition


act. The defense argued that the search without a warrant and no probable cause was in


conflict with the Constitution Amendments four,five, and six. The motion was denied


which meant that was no excuse and the liquor was then brought into the trial as evidence.


Both Lima and Gambino were found guilty and were sentenced to fine and imprisonment.


The case was taken to appeals court where they affirmed the verdict and neither court


delivered an opinion. This court was granted a writ of certiorari. The government


contended that the New York state troopers at the time were agents of the United States.


The defendants contend that their was no probable cause and that the state troopers are to


be deemed agents of the United States because section 26 of the prohibition act imposes


the duty of arrest and seizure where liquor is being illegally transported. They also argued


that state and federal agents were working together which in that case evidence obtained


through wrongful search and seizure by state officials CO-operating with federal agents


must be excluded. But it was held admissible

and the idea was excluded from the case


because their wasn’t a federal agent present at the search and seizure. Therefor the only


way the fourth, fifth, and sixth amendments could be applied to the case was if a federal


office had aided the arrest. The only evidence against Gambino and Lima was the liquor


which if thrown out they would have been found innocent that being the only evidence


that could have prosecuted them for any crime. Gambino didn’t have much of a chance


even though many unreasonable search and seizure are admitted to lower federal courts


but only 3 cases had been found where it had been seriously contended. The verdict was


made mostly on the fact that federal officers did not have relation to the state officers who


made the search and seizure the only way the liquor would have been thrown out is if


federal officers aided the state officers. One of the officers had been stationed on the


Canadian border for 18 months previous to the arrest.


AFFECT ON SOCIETY


The affect on society delt allot with freedom from the government which the


constitution is supposed to protect you from unreasonable government acts. I didn’t quite


understand what their probable cause was but it didn’t seem to me unless Gambino or


Lima had been intoxicated that they would have had probable cause . It made people more


especially crime families that thrived in that time that police could have their was with the


fourth amendment as well as the fifth. I didn’t see what the sixth played because they were


given a fair trial excluding the fact that the alcohol was brought in as evidence but that


was the whole case without that their was no crime. Society probable was all for it


because it hurt organized crime which ran parts of society in the twenties.

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