United States v. One Kemper Radio

Libel of information against one Kemper radio and other miscellaneous personal property which it is charged was within the possession of Frank Brown, alleged bootlegger, in fraud of revenue laws of the United States. The government seeks a forfeiture of the property (R. S. § 3453, section 1185, title 26 USCA).

An information charging Brown with concealment and possession of tax unpaid liquor was also filed (R. S. §§ 3450 and 3452, sections 1181 and 1184 respectively, title 26 US CA), and arrest was made on a bench warrant issued thereon.

Motions to suppress and exclude the evidence, upon the ground that claimant and defendant’s constitutional rights had been invaded (Fourth and Fifth Amendments to the Constitution of the United States), were made in both eases, and, as the same facts apply to both, they will be considered together.

The parties entered into and submitted to the court the following:

“Agreed Statement of Facts

“This is a libel of information seeking the forfeiture of certain goods, merchandise, artides, objects and personal property found in the premises known as 1153 Valencia Street. Claimant Frank Brown questions the legality of the search.

“The premises…