A court will not consider the legality of a seizure as a collateral issue during trial if the defendant fails to move to suppress the evidence before it is admitted.
In a criminal prosecution for transporting intoxicating liquors, defendants failed to move to suppress seized liquor before it was admitted, raising the issue of illegal search only after the items were in the record. The court addresses whether a trial court may consider the legality of a seizure as a collateral issue during the main trial. Applying the rule that courts will not halt the orderly progress of a cause to consider questions wholly independent of the litigation, the court holds that defendants waived their Fourth Amendment objection by not seasonably moving to return the property or object to its production. Consequently, the admission of the liquor and the refusal to allow cross-examination regarding the informant did not prejudice the defendants, and the judgment is affirmed.
At page 111 Waiver of fourth amendment rights through failure to object23 citing casesstating that “the military judge’s advice to the appellant prevented the possibility of waiver
- United States v. Marshalek, No. S32776 (recon) (A.F.C.C.A. Apr. 17, 2026).unpublished(stating that “the military judge’s advice to the appellant prevented the possibility of waiver)
- United States v. Marschalek, No. S32776 (A.F.C.C.A. Jan. 16, 2026).unpublished(stating that “the military judge’s advice to the appellant prevented the possibility of waiver)
- United States v. Cook, No. 24-0221/AF, 2025 CAAF LEXIS 726 (C.A.A.F. Aug. 28, 2025).published(right against unlawful search and seizure)
- Jackson, Willie Frank, No. PD-0699-15 (Tex. Crim. App. July 14, 2015).unpublished(failure to object constitutes waiver of Fourth Amendment right to be free from unlawful search and seizure)
- Seth Michael Donnelly v. State, No. 02-14-00303-CR (Tex. App.—Fort Worth May 28, 2015).unpublishedApp. P. 33.1(a); Segurola v. United States, 275 U.S. 106, 111 , 48 S. Ct. 77, 79 (1927); Martinez v. State, 17 S.W.3d 677 , 682–83 (Tex. Crim.
- Willie Frank Jackson v. State, No. 06-14-00097-CR (Tex. App.—Texarkana May 15, 2015).unpublished(failure to object constitutes waiver of Fourth Amendment right to be free from unlawful search and seizure)
- Freddie James Lewis v. State, No. 01-12-00076-CR (Tex. App.—Houston [1st Dist.] Dec. 6, 2012).unpublished(holding failure to object results in forfeiture of claim of unlawful post-arrest delay)
- State v. Sublett, 292 P.3d 715 (Wash. 2012).published(failure to object results in forfeiture of claim of unlawful post arrest delay)
- Reed, Russell, In Re:, 161 F.3d 1311 (11th Cir. 1998).published(absence of objection is waiver of double jeopardy defense)
- Peretz v. United States, 501 U.S. 923 (1991).published (failure to object results in forfeiture of claim of unlawful postarrest delay)
Show 12 more citing cases
- Commonwealth v. McDougal, 309 N.E.2d 891 (Mass. App. Ct. 1974).publishedSegurola v. United States, 275 U. S. 106, 111-112 (1927).
- Brian Mattison Hollingsworth v. United States, 321 F.2d 342 (10th Cir. 1963).publishedNardone v. United States, 308 U.S. 338, 341 , 40 S.Ct. 182 , 64 L.Ed. 319 and cases cited in Note 4, supra; United States v. Sheba Bracelets, 2 Cir., 248 F.2d 134, 142, 143 , c.d. 355 U.S. 904 , 78 S.Ct. 330 , 2 L.Ed.2d 259 ; Segurola v. U…
- Morton v. United States, 147 F.2d 28 (D.C. Cir. 1945).publishedOn the contrary, the record, at several points, indicates prompt compliance with the requirement of the Code. 22 We have examined, carefully, all appellant’s contentions, and find no reason to disturb the judgment of the trial court Affirm…
- United States v. Alabama High. Express, Inc., 46 F. Supp. 450 (N.D. Ala. 1942).publishedSegurola v. United States, 1927, 275 U.S. 106, 111, 112 , 48 S.Ct. 77 , 72 L.Ed. 186 ; Taylor v. Hudspeth, 10 Cir., 1940, 113 F.2d 825 ; Harkline v. United States, 8 Cir., 1925, 4 F.2d 526 ; Souza v. United States, 9 Cir., 1925, 5 F.2d 9 ;…
- Moore v. Aderhold, 108 F.2d 729 (10th Cir. 1939).publishedWe conclude that the judgment denying discharge on habeas corpus was right and it is accordingly affirmed. 1 See Goldsby v. United States, 160 U. S. 70, 73 , 16 S.Ct. 216 , 40 L.Ed. 343 ; Garrison v. Johnston, 9 Cir., 104 F. 2d 128, 130 .…
- Bennett v. United States, 104 F.2d 209 (D.C. Cir. 1939).publishedIn other words, in order to raise the question of illegal seizure, and an absence of probable cause in that seizure, the defendants should have moved to have the whisky and other liquor returned to them as their property and as not subject…
- Dunn v. United States, 98 F.2d 119 (10th Cir. 1938).published Section 223(a), supra, reads as follows: “Whoever shall import, bring, or transport any intoxicating liquor into any State in which all sales (except for scientific, sacramental, medicinal, or mechanical purposes) of intoxicating liquor co…
- Nations v. United States, 52 F.2d 97 (8th Cir. 1931).publishedSegurola v. U. S., 275 U. S. 106, 111, 112 , 48 S. Ct. 77 , 72 L.
- United States v. Fifty-Eight Drums of Material Designed for Manufacture of Intoxicating Liquor, 38 F.2d 1005 (W.D. Pa. 1930).publishedThe reason for the common-law rule appears in Seguróla v. U. S., 275 U. S. 106, 111, 112 , 48 S. Ct. 77, 79 , 72 L.
- United States v. Hefferman, 35 F.2d 605 (E.D. Pa. 1929).published As was said in Segurola v. United States, 275 U. S. 106, 111, 112 , 48 S. Ct. 77, 79 ( 72 L.
- Day v. United States, 31 F.2d 71 (8th Cir. 1929).publishedIn the case of Segurola v. United States, 275 U. S. 106, 111 , 48 S. Ct. 77, 79 ( 72 L.
- People v. Berger, 282 P.2d 509 (Cal. 1955).published A preliminary motion of this kind was required by the United States Supreme Court when it announced the rule excluding illegally obtained evidence (Weeks v. United States, 232 U.S. 383, 396 [ 34 S.Ct. 341 , 58 L.Ed. 652 , L.R.A. 1915B 834…
At page 112 Waiver of fourth amendment rights by failing to object10 citing cases“halt in the orderly progress of a cause and consider incidentally a question which has happened to cross the path of such litigation and which is wholly independent of it.”
- Waetzig v. Halliburton Energy Servs., Inc., 604 U.S. 305 (2025).publishedWithout it, too many trial court rulings could be appealed, and “ ‘the orderly progress of a cause’ ” would be halted while the appellate court considered all sorts of “ ‘question[s] which ha[ve] happened to cross the path of such litigati…
- People v. Pineda, No. F084262 (Cal. Ct. App. May 29, 2024).unpublished(alleged Fourth Amendment violation “was too late” if not raised before)
- In Re Appeal of Pennsylvania R.R., 120 A.2d 94 (N.J. 1956).published J., in Segurola v. United States, 275 U. S. 106, 112, 48 S. Ct. 77, 72 L.
- Nathaniel Hicks v. Gerald Ferreyra, 965 F.3d 302 (4th Cir. 2020).published(failure to object waives Fourth Amendment claim for suppression based on unlawful search and seizure)
- Saucedo, Ex Parte Eliana, No. PD-1154-15 (Tex. Crim. App. Oct. 8, 2015).unpublishedSee Segurola v. United States, 275 U.S. 106, 112 (1927); Leal v. State, 456 S.W.3d 567, 568 (Tex. Crim.
- Schuller, Ex Parte Ryan Edward, No. PD-1153-15 (Tex. Crim. App. Oct. 8, 2015).unpublishedSee Segurola v. United States, 275 U.S. 106, 112 (1927); Leal v. State, 456 S.W.3d 567, 568 (Tex. Crim.
- State v. Ryan Edward Schuller, No. 05-15-00064-CR (Tex. App.—Dallas June 16, 2015).unpublishedSee Segurola v. United States, 275 U.S. 106, 112 (1927); Leal v. State, 456 S.W.3d 567, 568 (Tex. Crim.
- State v. Eliana Saucedo, No. 05-15-00065-CR (Tex. App.—Dallas June 16, 2015).unpublishedSee Segurola v. United States, 275 U.S. 106, 112 (1927); Leal v. State, 456 S.W.3d 567, 568 (Tex. Crim.
- People v. Brooksher, 285 P.2d 298 (Cal. Ct. App. 1955).published See Seguróla v. United States, 275 U.S. 106, 112 [ 48 S.Ct. 77 , 72 L.Ed. 186, 190 ].
- Blakely v. State, 542 P.2d 857 (Wyo. 1975).published
72 L. Ed. at 325 cited at this page1 citing case
- In Re: Grand Jury Subpoena, 190 F.3d 375 (5th Cir. 1999).publishedIndeed, “[b]earing the discomfiture and cost of a prosecution for crime even by an innocent person is one of the painful obligations of citizenship.” Id. at 325, 60 S.Ct. 540 .
72 L. Ed. at 189 cited at this page1 citing case
- United States v. George H. Farnkoff, Jr., 535 F.2d 661 (1st Cir. 1976).publishedTo pursue it would be to halt in the orderly progress of a cause and consider incidentally a question which has happened to cross the path of such litigation and which is wholly independent of it.” Segurola v. United States, 275 U.S. 106,…
At page 109 received by telephone the information which induced him to go to look for the Buick car. The motion was overruled. No objection was ever made to the evidence…1 citing case
- United States v. Aluminum Co. of Am., 2 F.R.D. 224 (S.D.N.Y. 1941).publishedCf. Segurola v. United States, 275 U.S. 106, 109, 110 , 48 S.Ct. 77 , 72 L.Ed. 186 ; United States v. Socony-Vacuum Oil Co., 310 U.S. 150, 235 , 60 S.Ct. 811 , 84 L.Ed. 1129 .
Other citing cases
- State v. Coleman, 471 P.2d 689 (Wash. Ct. App. 1970).published
- State v. Baxter, 413 P.2d 638 (Wash. 1966).published
- Landsborough v. United States, 168 F.2d 486 (6th Cir. 1948).published
- Cromer v. United States, 142 F.2d 697 (D.C. Cir. 1944).published
- Harris v. United States, 32 A.2d 101 (D.C. 1943).published
- United States v. Manuszak, 438 F. Supp. 613 (E.D. Pa. 1977).published
- In Re Daniel Ellsberg, 446 F.2d 954 (1st Cir. 1971).published
- United States v. Onassis, 133 F. Supp. 327 (S.D.N.Y. 1955).published
v.
UNITED STATES
delivered the opinion of the Court.
This is a review of a sentence against the petitioners' upon a criminal information, filed in the District Court of the United States for Porto Rico, charging-in the first count possession, and in the second count transportation, of intoxicating liquors in violation of the National Prohibition Act. The conviction on the possession- count was set aside by the Circuit Court of Appeals, so that only the second count is here involved. Upon arraignment, petitioners waived a reading of the information and pleaded not guilty. Their counsel thereupon requested that, they be furnished with a copy of the information free of charge. The request was' denied by the court and an exception noted, the trial court stating that the defendants and their counsel were free to examine the information and to make copies themselves, or have the clerk make them on payment of his fee.
At the trial, Alfonso Ceballos, Chief of Police at Carolina, Porto Rico, testified for the prosecution that, having received a confidential telephone message that Seguróla was driving a Buick automobile with a load of liquor from[*108] Luquillo to Loiza, he procured one Ismael Colon to drive him in a Ford car out to a point on the road where he, awaited the appearance of the Buick machine; that when that car appeared, he tried to intercept it by obstructing the road with the Ford, but Seguróla operated his Buick so as to force the Ford aside, by threat of a collision, and went by at high speed; that the officér was in. uniform, which Seguróla must have observed; that he followed in the Ford into Carolina, where, owing to obstacles encountered by the Buick, he managed to get around in front of it, and when Seguróla saw his way blocked by the Ford, he stopped the Buick, put it in reverse, and crashed into-an electric-wire post; that Ceballos then arrested Seguróla, as well as Santiago, who was sitting beside him, and that a search by Ceballos of the rear compartment of the Buick, ■ which was a roadster,, disclosed a number of sacks containing bottles of whiskey,(brandy, and gin.
• In the cross-examination, Ceballos was asked who gave him the information by telephone. Counsel for the Government objected that “ they are the secrets of: the police force, which should not be stated in a court of justice, and the stating of the source'of such information would be against public policy.” The objection was sustained and an exception noted. Evidence was given.of the alcoholic, content of. the liquor and the identity of that examined, with' that seized. When the liquor was offered and received in evidence, it was objected to on the ground .thát it had not been properly identified, but the objection was overruled and the liquor admitted. Thereafter, counsel for the defendants moved to suppress the liquor, as evidence, on the ground that the search was without a warrant and did not appear to have been made upon probable cause, and, also, for the reason that, upon the issue of prob. ble cause, defendants were mot permitted to cross-examine the seizing officer as to the person from whom he[*109] received by telephone the information which induced him to go to look for the Buick car. The motion was overruled. No objection was ever made to the evidence of the officers and others-that liquor was found in.the ca,r and no evidence to dispute these facts was offered by the defense. At the close of the trial’the jury found the defendants guilty as charged and the Court sentenced them to pay fines.
The case was carriéd upon writ of error to the Circuit Court of Appeals for the First Circuit; 16 Fed. (2d) 563. That Court affirmed the judgment, holding that the refusal to furnish a copy of the information without payment of a iee to the.clerk was right and, even if erroneous,, was, under the circumstances; a harmless error; that the refusal to permit cross-examination of the officer as to his informant in respect to the coming of Seguróla and’ the contents of his car was in accord with approved public policy and that the circumstances constituted probable cause for a legal seizure.
The error assigned to the failure to. direct the delivery of a copy of the information rests on the second section of the Organic Act of Porto Rico, — Act of -March 2, 1917, c. 145, 39 Stat. 951, Ü. S. C., Title 48, §' 737, in which it is provided that “ in all criminal prosecutions the accused shall enjoy the right to have the assistance of counsel for his defense, to be informed of the nature and cause of the accusation, to have, a copy thereof, to have a speedy and „ public trial, to be confronted with the witnesses against him, and to have'compulsory process' for obtaining witnesses in his favor.” The district judge fieH-that thisdid not mean that the defendant was to have a copy of -the-information without paying the regular copying fees to the clerk. ■ We think this was an erroneous construction .of the statute., It was enacted by Congress to apply in. a country where there were two languages, .and in which a[*110] criminal procedure, new in some of its aspects, was to be put into effect. It was not strange, therefore, that it was thought necessary ex industria to emphasize the means by' which the accused could be advised of the charge made against him. These circumstances' make the case of United States v. VanDuzee, 140 U. S. 169, 172, relied on by the Circuit Court of Appeals, inapplicable. The words do not appear in the analogous provisions of the guaranty of the rights of the accused in our Constitution. They should be given some real effect and the opportunity thus conferred to read the charge upon which the accused is .brought into court should not be obstructed. by the necessity for paying fees for its enjoyment. We think, therefore, that the court was wrong in not directing that a copy be furnished to each defendant. But that is very different from saying that because of the failure of the court to issue this order, the trial which ensued should be held for naught and a new trial had. As a matter of fact, the petitioners, when attended by counsel, waived a reading of the information and pleaded, not guilty, which was an indication that they already knew what the information was and'that they really suffered no prejudice which would justify a new trial. We agree with the Circuit Court of Appeals in its conclusion that in any view the error was a harmless one.
The questions which have been chiefly argued here are, first, the correctness of the refusal of the court to allow the police officer to be cross-examined as to the name of the person who communicated to him the information that the defendants were engáged in transporting liquor in a Buick car; and, second, the question of the existence of probable cause to justify the seizure of the automobile under the circumstances shown.
We think that these two questions do not arise, and that the judgment should be affirmed, without regard to the proper answer to them. The results of the search[*111] and seizure were shown by the testimony of the chief of police and of the other witnesses without any objection on behalf of the defendants; and thus was disclosed the fact that the defendants had been engaged in transporting a large amount of liquor in the Buick. No motion was.made to strike that evidence out, and no evidence whs introduced to contradict‘what was disclosed by the statements of the chief of police and other witnesses upon this point. The only objection made toward the close of the evidence for the Government was that, when it was proposed to introduce the liquor, it had not been properly identified, but there was ample evidence to show that it had. The motion made thereafter to suppress the liquor as evidence, on the ground that there had been an illegal search, did not include a motion to strike out the evidence of the witnesses as to what occurred when the car was stopped. The objection to the seizure was plainly an after thought.
As there was no evidence introduced by the defendants to refute or deny the testimony unobjeete'd to, which clearly showed the illegal transportation of the liquor and sustained the verdict, the admission in evidence of the liquor and the refusal to permit cross-examination of Ceballos worked no prejudice for which a reversal can be granted. Moreover, the principle laid down by this Court in Adams v. New York, 192 U. S. 585, and recognized as proper in Weeks v. United States, 232 U. S. 383, 395, and in Marron v. United States, post, p. 192, applies to render unavailing, under the circumstances. of this case, the objection to the use of the liquor as evidence based on the Fourth Amendment. This principle is that, except where there has been. no opportunity to present the matter in advance of trial, Gouled v. United States, 255 U. S. 298, 305; Amos v. United States, 255 U. S. 313, 316; Agnello v. United States, 269 U. S. 20, 34, a court, when engaged in trying, a criminal case, will not take notice- of[*112] the manner in which witnesses have possessed themselves of paper's or other articles of personal property, which are material and properly offered in evidence, because the court will not in trying a criminal cause permit a collateral issue to be raised as to the source of competent evidence. 'To pursue it would be to halt in the orderly progress of a cause and consider incidentally a question which has happened to cross the path of such litigation and which is wholly independent of it. In other words, in order to raise the question of illegal seizure, and an absence of probable cause in that seizure, the defendants should have moved to have the whiskey and other liquor returned to them as their property and as not subject to seizure or use as evidence. To.preserve, their rights under the Fourth Amendment, they must at least have seasonably objected to the production of the liquor in court. This they did not dq, but waited until the liquor had been offered and admitted and then for the first time raised the question of legality of seizure and probable cause as a ground for withdrawing the liquor from consideration of the jury. This was too late.
On behalf of Santiago, the companion of Seguróla in the Buick, it is urged that there was no evidence to justify his conviction and that his is a case of poor dog Tray. He accompanied Seguróla from Luquillo to Carolina and in the race of cars which occurred, on that trip. There were 188 bottles of liquor lying loose in eleven sacks in a box back of the seat under him in the Buick. He could hardly have been unconscious of their presence. The seizing officer said that Santiago was present and saw the liquor as seized.' .But Santiago testified that he didn’t see the liquor and did nof know why he and his companion were being taken to the station.' In view of the jar of the collision of the Buick with the electric wire post and the exciting race between the cars and the contradicting evidence of the government witnesses, the jury evidently[*113] thought that Santiago protested too much and had destroyed his credibility. Wé can not say that there was no evidence to sustain their verdict.
The judgment is
Affirmed.