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LUSTIG V. UNITED STATES, 338 U. S. 74 (1949)

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U.S. Supreme Court

Lustig v. United States, 338 U.S. 74 (1949)

Lustig v. United States

No. 1389, Oct. Term, 1946

Argued April 19, 1948

Reargued October 19, 1948

Decided June 27, 1949

338 U.S. 74


Notified by city police and a hotel manager that counterfeiting of currency apparently was being carried on in a hotel room for which petitioner and another were registered under assumed names, a Secret Service Agent went there and looked through the keyhole. He reported to the city police that he saw no evidence of currency counterfeiting, but that he was confident that "something was going on." Suspecting that the occupants were counterfeiting racetrack tickets, and desiring to "get into that room and find out what was in there," city police obtained warrants for their arrest for violations of a city ordinance requiring "known criminals" to register with the police; entered the room in their absence; searched it, and found evidence of currency counterfeiting. The Secret Service Agent was not present when this took place, but he arrived later, examined the evidence, and was present when petitioner and his companion arrived and were arrested and searched by city police, who turned the articles evidencing counterfeiting of currency over to the Secret Service Agent. This evidence was admitted over petitioner's objection in his trial in a federal court, and he was convicted for counterfeiting.

Held: this evidence should not have been admitted, and the conviction is reversed. Pp. 338 U. S. 75-80.

159 F.2d 798 reversed.

Petitioner's conviction of counterfeiting was affirmed by the Court of Appeals. 159 F.2d 798. This Court denied certiorari, 331 U.S. 853, but, on rehearing, vacated that order and granted certiorari. 333 U.S. 835. Reversed, p. 338 U. S. 80. chanroblesvirtualawlibrary

Page 338 U. S. 75

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