GIACOLONE
v.
UNITED STATES

9th Cir. | 1926-06-07
No. 4767
Before' GILBERT, HUNT, and RUD-KIN, Circuit Judges.
13 F.2d 110 United States Court of Appeals for the Ninth Circuit (1926) Positive Treatment
Cited by 20 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

The only question presented by the present writ of error, and not disposed of in Giacolone v. United States, *11113 F.(2d) 108, just decided, is the validity of a search without a warrant.

Without going into details, it appears from the testimony that, when the federal agents approached the building which was used by the plaintiff in error as a distillery, he met them at the door and invited them in. Under these facts, we think the court court below was justified in finding that the plaintiff in error consented to the search, whether the officers were technically trespassers or not, and, having consented, is in no position to now claim that his constitutional rights were invaded. Waxman v. United States 12 F.(2d) 775, decided May 17, 1926.

The judgment is affirmed.


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