United States v. Jeffers, 342 U.S. 48 (1951). · Go Syfert
United States v. Jeffers, 342 U.S. 48 (1951). Cases Citing This Book View Copy Cite
2,685 citation events (392 in the last 25 years) across 182 distinct courts.
Strongest positive: State v. Bollheimer (ohioctapp, 2020-01-13) · Strongest negative: State v. Blockman (wash, 2018-05-10)
Treatment trajectory · 1952 → 2026 · click a year to view as-of
1952 1989 2026
Top citers, strongest first. 50 distinct citers.
examined Abrogated State v. Blockman (3×)
Wash. · 2018 · signal: see · confidence high
See Arkansas v. Sanders, 442 U.S. 753 , 759-60, 99 S.Ct. 2586 , 61 L.Ed. 2d 235 (1979) ("[B]ecause each exception to the warrant requirement invariably impinges to some extent on the protective purpose of the Fourth Amendment, the few situations in which a search may be conducted in the absence of a warrant have been carefully delineated and 'the burden is on those seeking the exemption to show the need for it.' ") (quoting United States v. Jeffers, 342 U.S. 48 , 51, 72 S.Ct. 93 , 96 L.Ed. 59 (1951), abrogated by California v. Acevedo, 500 U.S. 565 , 111 S.Ct. 1982 , 114 L.Ed. 2d 619 (1991) ).
examined Cited "but see" United States v. Neem Shiva Dass and Ma Surina Dasi, Marvin Neer, Gerald Terpak (4×)
9th Cir. · 1988 · signal: but see · confidence high
See Van Leeuwen, 397 U.S. at 252-53 , 90 S.Ct. at 1032 ; see also United States v. Manbeck, 744 F.2d 360 , 374 n. 16 (4th Cir.1984) ("there is some doubt concerning the extent to which one may claim a property interest in contraband") cert. denied sub. nom., O'Hare v. United States, 469 U.S. 1217 , 105 S.Ct. 1197 , 84 L.Ed.2d 342 (1985); but see United States v. Jeffers, 342 U.S. 48, 52-54 , 72 S.Ct. 93, 95-96 , 96 L.Ed. 59 (1951) (one may claim a property interest in contraband for the purposes of the exclusionary rule).
discussed Cited "but see" United States v. Manbeck (2×)
4th Cir. · 1984 · signal: but see · confidence high
But see United States v. Jeffers, 342 U.S. 48, 52-54 , 72 S.Ct. 93, 95-96 , 96 L.Ed. 59 (1952) (While there are no property rights in contraband, the contraband is still property for the purposes of the exclusionary rule.) Defendants’ claimed interest in this case is even more tenuous than a possessory interest in the marijuana.
discussed Cited "but see" ca4 1984 (2×)
4th Cir. · 1984 · signal: but see · confidence high
But see United States v. Jeffers, 342 U.S. 48, 52-54 , 72 S.Ct. 93, 95-96 , 96 L.Ed. 59 (1952) (While there are no property rights in contraband, the contraband is still property for the purposes of the exclusionary rule.) Defendants' claimed interest in this case is even more tenuous than a possessory interest in the marijuana.
examined Cited as authority (verbatim quote) State v. Bollheimer (2×) also: Cited as authority (quoted)
Ohio Ct. App. · 2020 · quote attribution · 2 verbatim quotes · confidence high
hotel room can clearly be the object of fourth amendment protection as much as a home or an office
examined Cited as authority (verbatim quote) Krysta Sutterfield v. City of Milwaukee (4×) also: Cited as authority (quoted)
7th Cir. · 2014 · quote attribution · 4 verbatim quotes · confidence high
the search and seizure are ... incapable of being untied.
examined Cited as authority (verbatim quote) Luis W. LeBron v. Secretary, Florida Departtment of Children and Families (3×) also: Cited as authority (quoted)
11th Cir. · 2013 · signal: see also · quote attribution · 3 verbatim quotes · confidence high
the burden is on those seeking the exemption to show the need for it
discussed Cited as authority (quoted) State v. Lorenzana
Ohio Ct. App. · 2024 · quote attribution · 1 verbatim quote · confidence low
a hotel room can clearly be the object of fourth amendment protection as much as a home or an office.
examined Cited as authority (quoted) State v. Davis (2×)
Ohio Ct. App. · 2022 · signal: accord · quote attribution · 2 verbatim quotes · confidence high
hotel room can clearly be the object of fourth amendment protection as much as a home or an office
examined Cited as authority (quoted) Collins v. Commonwealth (2×)
Va. · 2019 · signal: see also · quote attribution · 2 verbatim quotes · confidence low
he burden is on those seeking the exemption to show the need for it.
discussed Cited as authority (quoted) United States v. Wright (2×) also: Cited "see, e.g."
D.D.C. · 2017 · signal: see also · quote attribution · 1 verbatim quote · confidence low
the government carries the burden of showing that the measures employed during the stop were justified.
examined Cited as authority (quoted) United States v. Jones (2×)
D.D.C. · 2015 · signal: see also · quote attribution · 2 verbatim quotes · confidence low
he burden is oh those seeking the exemption to show the need for it.
examined Cited as authority (quoted) United States v. Williams (2×)
D.D.C. · 2012 · quote attribution · 2 verbatim quotes · confidence low
he burden is-on those seeking the exemption to show the need for it... .
examined Cited as authority (quoted) United States v. Davis (2×)
S.D.W. Va · 2008 · signal: see · quote attribution · 2 verbatim quotes · confidence high
he burden is on those seeking the exemption to show the need for it----
examined Cited as authority (quoted) Lum v. Donohue (2×)
Haw. App. · 2003 · quote attribution · 2 verbatim quotes · confidence low
since the evidence illegally seized was contraband the respondent was not entitled to have it returned to him. it being his property, for purposes of the exclusionary rule, he was entitled on motion to have it suppressed as evidence on his trial.
examined Cited as authority (quoted) Sweeney v. State (2×)
Ind. · 1998 · signal: see · quote attribution · 2 verbatim quotes · confidence high
where a search and seizure is effected without a search warrant, the state bears the burden of proving the search fell within one of the well delineated exceptions to the warrant requirement.
discussed Cited as authority (rule) United States v. Jessie Glass, Jr.
4th Cir. · 2025 · confidence medium
The Fourth Amendment’s warrant process “interposes an orderly procedure under the aegis of judicial impartiality.” United States v. Jeffers, 342 U.S. 48, 51 (1951) (citing Johnson v. United States, 333 U.S. 10 (1948)).
cited Cited as authority (rule) Michael Mockeridge v. Harry Harvey
6th Cir. · 2025 · confidence medium
“The government bears the burden of demonstrating an exception to the warrant requirement.” Taylor, 922 F.3d at 334 (citing United States v. Jeffers, 342 U.S. 48, 51 (1951)).
cited Cited as authority (rule) Woods v. Copeland
M.D. Tenn. · 2025 · confidence medium
Analysis “The Fourth Amendment prohibits both unreasonable searches and unreasonable seizures[.]” United States v. Jeffers, 342 U.S. 48, 51 (1951).
cited Cited as authority (rule) United States v. Alan Womack
3rd Cir. · 2025 · confidence medium
Jeffers, 342 U.S. at 50, 52 .
cited Cited as authority (rule) Lawson v. Creely
E.D. Ky. · 2024 · confidence medium
United States v. Jeffers, 342 U.S. 48, 51 (1951).
discussed Cited as authority (rule) United States v. Jonathan Anderson
9th Cir. · 2024 · confidence medium
The majority opinion cites the standard rule that “the burden is on those seeking the exemption [from the warrant requirement] to show the need for it.” Arkansas v. Sanders, 442 U.S. 753, 760 (1979) (quoting United States v. Jeffers, 342 U.S. 48, 51 (1951)).
discussed Cited as authority (rule) Jamar A. Meredith, s/k/a Jamar Antoine Meredith v. Commonwealth of Virginia
Va. Ct. App. · 2024 · confidence medium
The Supreme Court held that the defendant’s hospital room, which he “had been assigned . . . and paid for,” was equivalent to a hotel room and “may not lawfully be entered without a search warrant.” Id. at 334 (citing United States v. Jeffers, 342 U.S. 48, 51-52 (1951)).
cited Cited as authority (rule) Reed v. Presque Isle County
E.D. Mich. · 2023 · confidence medium
United States v. Jeffers, 342 U.S. 48, 51 (1951).
cited Cited as authority (rule) Williams v. Grand Rapids, City of
W.D. Mich. · 2023 · confidence medium
“The government bears the burden of demonstrating an exception to the warrant requirement.” Id. (citing United States v. Jeffers, 342 U.S. 48, 51 (1951)).
cited Cited as authority (rule) United States v. Aaron Loines
6th Cir. · 2023 · confidence medium
United States v. Jeffers, 342 U.S. 48, 51 (1951).
cited Cited as authority (rule) United States v. Aaron Loines
6th Cir. · 2023 · confidence medium
United States v. Jeffers, 342 U.S. 48, 51 (1951).
cited Cited as authority (rule) United States v. Luke Wilson
9th Cir. · 2021 · confidence medium
Accordingly, “[t]he burden is on those seeking the exemption.” Id. at 455 (quoting United States v. Jeffers, 342 U.S. 48, 51 (1951)).
discussed Cited as authority (rule) Borges v. County of Mendocino (2×) also: Cited "see, e.g."
N.D. Cal. · 2020 · confidence medium
LEXIS 78111 , 15-16 (E.D. 27 Cal. July 19, 2011), citing United States v. Jeffers, 342 U.S. 48, 53 (1951). . . .
cited Cited as authority (rule) State v. Mose B. Coffee
Wis. · 2020 · confidence medium
State v. Johnston, 184 Wis. 2d 794, 806 , 518 N.W.2d 759 (1994) (citing United States v. Jeffers, 342 U.S. 48, 51 (1951)); State v. Phillips, 2009 WI App 179, ¶7 , 322 Wis. 2d 576 , 778 N.W.2d 157 .
discussed Cited as authority (rule) Hoover v. Michigan Department of Licensing and Regulatory Affairs
E.D. Mich. · 2020 · confidence medium
Accordingly, although the MMMA provides narrow exceptions for marihuana use involving qualified patients and care givers,5 under the federal Controlled Substances Act (“CSA”), it is illegal for any private person to possess marihuana for any purpose. 21 U.S.C. §§ 812 (c), 841(a)(1), 844(a); see also Raich, 545 U.S. at 27 ; United States v. Jeffers, 342 U.S. 48, 53 (1951) (holding that no person can have a legally protected interest in contraband per se); see also Raich v. Gonzales, 500 F.3d 850, 866 (9th Cir. 2007) (holding that medical marijuana consumption does not meet the demanding b…
discussed Cited as authority (rule) State v. Grady
N.C. · 2019 · confidence medium
Exceptions to the warrant requirement “are ‘jealously and carefully drawn,’ ” and the “burden is on those seeking the exemption to show the need for it.” Coolidge v. New Hampshire, 403 U.S. 443, 455 (1971) (first quoting Jones v. United States, 357 U.S. 493, 499 (1958); then quoting United States v. Jeffers, 342 U.S. 48, 51 (1951)).
cited Cited as authority (rule) State v. Terrell
N.C. · 2019 · confidence medium
TERRELL Opinion of the Court and then citing United States v. Jeffers, 342 U.S. 48, 51 (1951)).
examined Cited as authority (rule) Collins v. Commonwealth (3×) also: Cited "see"
Va. · 2016 · confidence medium
And under our established precedent, the “automobile exception” 4 See Morris v. Commonwealth, 208 Va. 331, 334 , 157 S.E.2d 191, 194 (1967) (“[W]here incident to a valid arrest,” officers may lawfully search and seize personal effects without a search warrant.”) (citing United States v. Jeffers, 342 U.S. 48, 51 (1951)). 5 See Jones v. Commonwealth, 279 Va. 665, 672 , 691 S.E.2d 801, 804 (2010) (under the “plain view” doctrine, officers who are lawfully present on a property but who lack a search warrant may nonetheless seize items which are in plain view and immediately incrimina…
discussed Cited as authority (rule) Free Speech Coalition, Inc. v. Attorney General United States
3rd Cir. · 2016 · confidence medium
“Searches conducted absent a warrant are per se unreasonable under the Fourth Amendment, subject to certain exceptions.” United States v. Katzin, 769 F.3d 163, 169 (3d Cir. 2014) (en banc). “[T]he few situations in which a search may be conducted in the absence of a warrant have been carefully delineated and the burden is on those seeking the exemption to show the need for it.” California v. 44 Acevedo, 500 U.S. 565 , 589 n.5 (1991) (quoting United States v. Jeffers, 342 U.S. 48, 51 (1951)).
discussed Cited as authority (rule) Hanifan v. State
Fla. Dist. Ct. App. · 2015 · confidence medium
See, e.g., Arizona v. Gant, 556 U.S. 332, 338 (2009) ("[O]ur analysis begins . . . with the basic rule that 'searches conducted outside the judicial process, without prior approval by judge or magistrate, are per se unreasonable under the Fourth Amendment—subject only to a few specifically established and well-delineated exceptions.' " (quoting Katz v. United States, 389 U.S. 347, 357 (1967))); United States v. Jeffers, 342 U.S. 48, 51 (1951) ("The Fourth Amendment prohibits both unreasonable searches and unreasonable seizures, and its protection extends to both 'houses' and 'effects.' " (fo…
cited Cited as authority (rule) People v. Le CA3
Cal. Ct. App. · 2013 · confidence medium
(United States v. Jeffers (1951) 342 U.S. 48, 51-52 [ 96 L.Ed. 59 , 64].) An arrest without a warrant is valid if it is supported by probable cause.
discussed Cited as authority (rule) United States v. Irizarry (2×)
C.A.A.F. · 2013 · confidence medium
A tenant in the ordinary course does not take rented premises subject to any formal or informal agreement that the landlord may let visitors into the dwelling, Chapman, supra, at 617 [ 81 S.Ct. 776 ], and a hotel guest customarily has no reason to expect the manager to allow anyone but his own employees into his room, see Stoner, supra, at 489 [ 84 S.Ct. 889 ], see also United States v. Jeffers, 342 U.S. 48, 51 [ 72 S.Ct. 93 , 96 L.Ed. 59 ] (1951) (hotel staff had access to room for purposes of cleaning and maintenance, but no authority to admit police).
discussed Cited as authority (rule) United States v. Cote
C.A.A.F. · 2013 · confidence medium
Corp. of Marion County, 620 F.2d 1201, 1208 (7th Cir. 1980) (“It is normally the Government’s burden, therefore, to show a warrantless search is 12 United States v. Cote, No. 12-0522/AF otherwise ‘reasonable’ within the Fourth Amendment.” (citing United States v. Jeffers, 342 U.S. 48, 51 (1951))).9 At trial, the Government did not show any fact which would support the argument that its violation of the warrant’s terms was reasonable under the circumstances.10 Further, performing a search over a year after the expiration of the search period, without following already established pr…
discussed Cited as authority (rule) United States v. Cote
C.A.A.F. · 2013 · confidence medium
Corp. of Marion County, 620 F.2d 1201, 1208 (7th Cir. 1980) (“It is normally the Government’s burden, therefore, to show a warrantless search is 12 United States v. Cote, No. 12-0522/AF otherwise ‘reasonable’ within the Fourth Amendment.” (citing United States v. Jeffers, 342 U.S. 48, 51 (1951))).9 At trial, the Government did not show any fact which would support the argument that its violation of the warrant’s terms was reasonable under the circumstances.10 Further, performing a search over a year after the expiration of the search period, without following already established pr…
discussed Cited as authority (rule) United States v. Prentiss Watson
4th Cir. · 2013 · confidence medium
See Welsh v. Wisconsin, 466 U.S. 740, 749-50 (1984); Vale v. Louisiana, 399 U.S. 30, 35 (1970); United States v. Jeffers, 342 U.S. 48, 51 (1951). i. In analyzing the reasonableness of a seizure that is not sup- ported by probable cause,6 courts are required to evaluate "the law enforcement interest and the nature of the ‘articulable facts’ supporting the detention." See Summers, 452 U.S. at 702 .
discussed Cited as authority (rule) David Evans v. Patrick Baker (2×)
4th Cir. · 2012 · confidence medium
Resort to the warrant process, the Court has declared, is to be preferred because it “interposes an orderly procedure” involving “judicial impartiality,” United States v. Jeffers, 342 U.S. 48, 51 [ 72 S.Ct. 93 , 96 L.Ed. 59 ] (1951), whereby “a neutral and detached magistrate,” Johnson v. United States, 333 U.S. 10, 14 [ 68 S.Ct. 367 , 92 L.Ed. 436 ] (1948), can make “informed and deliberate determinations,” Aguilar v. Texas, 378 U.S. 108, 110 [ 84 S.Ct. 1509 , 12 L.Ed.2d 723 ] (1964), on the issue of probable cause.
discussed Cited as authority (rule) People v. DeProspero
N.Y. App. Div. · 2011 · confidence medium
Although defendant contends that he was entitled to the immediate return of his property upon his demand for that property after sentencing on his 2009 conviction, we agree with the People that the police had an obligation to search defendant’s property for contraband before returning it to him (see generally United States v Jeffers, 342 US 48, 54 [1951]; United States v LaFatch, 565 F2d 81, 83 [1977], cert denied 435 US 971 [1978]; Matter of Sea Lar Trading Co. v Michael, 94 AD2d 309, 315-316 [1983], appeal dismissed 60 NY2d 860 [1983]).
cited Cited as authority (rule) John Michael Bane v. State of Tennessee
Tenn. Crim. App. · 2011 · confidence medium
United States v. Jeffers, 342 U.S. 48, 51 (1951); Fuqua v. Armour, 543 S.W.2d 64, 66 (Tenn. 1976).
discussed Cited as authority (rule) Commonwealth v. PORTER P. (2×)
Mass. · 2010 · confidence medium
See Chapman v. United States, supra at 616-617 (express covenant may give landlord right of entry to "view waste" but not to permit police to search for contraband); United States v. Jeffers, 342 U.S. 48, 51-52 (1951) (hotel patron gives "implied or express permission [to enter] to such persons as maids, janitors or repairmen in the performance of their duties" but not to police); Commonwealth v. Weiss, 370 Mass. 416, 419 (1976) (locker attendant at Logan Airport may have had authority to conduct private search of defendant's locker, but had no power to authorize police search).
discussed Cited as authority (rule) Commonwealth v. Vanya V.
Mass. App. Ct. · 2009 · confidence medium
The constitutional validity of the opening and search of the locked bank bag in this case, conducted without any warrant, must meet the following constitutional measures: “[T]he general requirement that a search warrant be obtained is not lightly to be dispensed with, and ‘the burden is on those seeking [an] exemption [from the requirement] to show the need for it.’ ” Chimel v. California, 395 U.S. 752, 762 (1969), quoting from United States v. Jeffers, 342 U.S. 48, 51 (1951).
discussed Cited as authority (rule) United States v. Young (2×) also: Cited "see"
9th Cir. · 2009 · confidence medium
United States v. Jeffers, 342 U.S. 48, 51-52 (1951).
discussed Cited as authority (rule) County of Butte v. Superior Court (2×)
Cal. Ct. App. · 2009 · confidence medium
(See United States v. Jeffers (1951) 342 U.S. 48, 52-54 [ 96 L.Ed. 59 , 72 S.Ct. 93 ] [fact no property rights existed in narcotics did not preclude application of exclusionary rule, but did preclude return of narcotics to the owner].) But David Williams, real party in interest here, was not prosecuted.
discussed Cited as authority (rule) State of Arizona v. Roger Dale Tarkington
Ariz. Ct. App. · 2008 · confidence medium
But we cited United States v. Jeffers, 342 U.S. 48, 52-54 (1951), for that proposition, and the Supreme Court has made clear that the defendant in Jeffers could challenge the search because he had a “possessory interest in both the premises searched and the property seized.” Rakas, 439 U.S. at 136 ; see also Salvucci, 448 U.S. at 90 n.5. 5 separately, as we do here.
cited Cited as authority (rule) In re: Mario T.
Ill. App. Ct. · 2007 · confidence medium
Ed. 59 , 64, 72 S. Ct 93, 95 (1951).
United States
v.
Jeffers
3.
Supreme Court of the United States.
Nov 26, 1951.
342 U.S. 48
Beatrice Rosenberg argued the cause for the United States. With her on the brief were Solicitor General Perlman, Assistant Attorney General Mclnerney and John F. Davis., T. Emmett McKenzie argued the cause for respondent. With him.-on the brief was James K. Hughes.
Clark, Reed, Minton.
Cited by 1,319 opinions  |  Published
11 passages pin-cited by 12 cases
Pinpoint authority: #5,764 of 633,719
Citer courts: District of Columbia (5) · Ohio Court of Appeals (4) · Seventh Circuit (3) · Eleventh Circuit (2) · Hawaii Intermediate Court of A… (2) · Indiana Supreme Court (2) · Supreme Court of Virginia (2)
[*49] Mr. Justice Clark

delivered the opinion of the Court.

Here we are faced with troublesome questions as to the exclusion from evidence, on motion of the accused, of contraband narcotics claimed by him which were seized on the premises of other persons in the course of a search without a warrant. On the basis of the seized narcotics, the accused, respondent here, was convicted of violation of the narcotics laws, 26 U. S. C. § 2553 (a) and 21 U. S. C. § 174. [1] Prior to trial the District Court had denied respondent’s motion to suppress, as evidence at the trial, the property seized. The Court of Appeals reversed the conviction by a divided court, '88 U. S. App. D. C. 58, 187 F. 2d 498. Since a determination of the question is important in the administration of criminal justice, we brought the case here. 340 U. S. 951.

The evidence showed that one Roberts came to the Dunbar Hotel in the District of Columbia on Monday,[*50] September 12, 1949, at about 3,p. m., sought out the house detective, Scott, and offered him $500 to let him into a room in the hotel occupied by respondent’s two aunts, the Misses Jeffries. Roberts told Scott that respondent had “some stuff stashed” in the room. The house detective told Roberts to. call back later in the evening and he would *see about it. He then immediately reported the incident to Lieut. Karper, in charge, of the narcotics squad of the Metropolitan Police, who came to the hotel about 4 p. m. Karper went with Scott to the room occupied by the Missed Jeffries. When there was no answer to their knock on the door the two officers then went to the assistant manager, and obtained a key to the room. Although neither officer had either a search or an arrest warrant they unlocked the door, entered the room and, in the absence of the Misses Jeffries as well as the respondent, proceeded to conduct a detailed search thereof. On the top shelf of a closet they discovered a pasteboard box containing 19 bottles of cocaine, of which only two had U. S. tax stamps attached, and one bottle, of codeine, also without stamps. The bottles were seized and taken to Scott’s office, where Lieut. Karper telephoned the federal narcotics agent and upon the latter’s arrival turned the seized articles over to him. Respondent was arrested the following day on the charges before us, at which time he claimed ownership of the narcotics seized.

It appeared from the evidence at the pretrial hearing that the Misses Jeffries had given respondent, a key to their room, that he had their permission to use the room at will, and that, he often entered the room for various purposes. They had not given him permission to store narcotics there and had no knowledge that any were so stored. The hotel records reflected that the room was assigned to and paid for by them alone.

We agree with the Court of Appeals that the seizure was made in violation of the Fourth Amendment and on[*51] motion of respondent its fruits should have been excluded as evidence on his trial.

The Fourth Amendment [2] prohibits both unreasonable searches and unreasonable seizures, and its protection extends to both “houses” and “effects.” Over and again this Court has "emphasized that the mandate of the Amendment requires adherence to judicial processes. See Weeks v. United States, 232 U. S. 383 (1914); Agnello v. United States, 269 U. S. 20 (1925). Only where incident to a valid arrest, United States v. Rabinowitz, 339 U. S. 56 (1950), or in “exceptional circumstances,” Johnson v. United States, 333 U. S. 10 (1948), may an exemption lie, and then the burden is on those seeking the exemption to show the need for it, McDonald v. United States, 335 U. S. 451, 456 (1948). In so doing the Amendment does not place an unduly oppressive weight on law enforcement officers but merely interposes an orderly procedure under the aegis of judicial impartiality that is necessary to attain the beneficent purposes intended. Johnson v. United States, supra. Officers instead of obeying this mandate have too often, as shown by the numerous cases in this Court, taken matters into their own hands and invaded the security of the people against unreasonable search and seizure.

The law does not prohibit evéry entry, without a warrant, into a hotel room. Circumstances might make exceptions and certainly implied or express permission is given to sueh persons as maids, janitors or repairmen in the performance of their duties. But here the Government admits that the search of the hotel room, as to the[*52] Misses Jeffries, was unlawful. They were not even present when the entry, search and seizure were conducted; nor were exceptional circumstances present to justify the action of. the officers. There was no question of violence, no movable vehicle was involved, nor was there an arrest or imminent destruction, removal, or concealment of the property intended to be seized. In fact, the officers admit they could have easily prevented any such destruction or removal by merely guarding the door. Instead, in entering the room and making the search for the sole purpose of seizing respondent’s narcotics, the officers not only proceeded without a warrant or other legal authority, but their intrusion was conducted surreptitiously and by mearis denounced as criminal.

The Government argues, however, that the search did not invade respondent’s privacy and that he, therefore, lacked the necessary standing to suppress the evidence seized. The significant act, it says, is the seizure of the goods of the respondent without a warrant. We do not believe the events are so easily isolable. Rather they are bound together by one sole purpose — to locate and seize the narcotics of respondent. The search and seizure are, therefore, incapable of being untied. To hold that this search and seizure were lawful as to the respondent would permit a quibbling distinction to overturn a principle which was designed to protect a fundamental right. The respondent unquestionably had standing to object to the seizure made without warrant or arrest unless the contraband nature of the narcotics seized precluded his assertion, fof purposes of the exclusionary rule, of a property interest therein.

It is urgently contended by the Government that no property rights within the meaning of the Fourth Amendment exist in the narcotics seized here, because they are contraband goods in which Congress has declared that[*53] “no property rights shall exist.” [3] The Government made the same contention in Trupiano v. United States, 334 U. S. 699 (1948). See Brief for the United States, pp. 24-45. This Court disposed of the contention saying:

“It follows that it was error to refuse petitioners’ motion to exclude and suppress the property which was improperly seized. But since this property was contraband, they have no right to have it returned to them.” 334 U. S. at 710.

The same section declaring that “no property rights shall exist” in contraband goods provides for the issuance of search warrants “for the seizure” of such property. The Government’s view in Trupiano was that the latter provision applies “when the entry must be made to seize”; but not “where, after a lawful entry for anothSr purpose, the contraband property is before the eyes of the enforcing officers.” [4] This construction would make it necessary for the officers to have a search warrant here. We are of the opinion that Congress, in abrogating property rights in[*54] such goods,, merely intended to aid in their forfeiture and thereby prevent the spread of the traffic in drugs rather than to abolish the exclusionary rule formulated by the courts in furtherance of the high purposes of the Fourth Amendment. See In re Fried, 161 F. 2d 453 (1947).

Since the evidence illegally seized- was contraband the respondent was not entitled to have it returned .to him. It being his property, for purposes of the exclusionary rule, he was entitled on motion to have.it suppressed as evidence on his trial.

Affirmed.

The Chief Justice and Mr. Justice Reed dissent. Mr. Justice Minton took no part in the consideration or decision of this case.
1

“It shall be unlawful for any person to purchase, sell, dispense, or distribute any of the drugs mentioned in section 2550 (a) except in the original stamped package or from the original stamped package; and the absence of appropriate tax-paid' stamps from any of the aforesaid drugs shall be prima facie evidence of a violation of this subsection by the person in whose possession same may be found; . . . .” 26 U. S. C. § 2553 (a).

“If any person fraudulently or knowingly imports or brings any narcotic drug into the United States or any territory under its control or jurisdiction, contrary to law, or assists in so doing or receives, conceals, buys, sells or in any manner facilitates the transportation, concealment, or sale of any such narcotic drug after being imported or brought in, knowing the same to have been imported contrary to law, such person shall, upon conviction, be fined not more than $5,000 and imprisoned for not more than ten years. Whenever on trial for a violation of this section the defendant is shown to have or to have had possession of the narcotic drug, such possession shall be deemed sufficient evidence to authorize conviction unless the defendant explains the possession to the satisfaction of the jury.” 21 U. S. C. § 174.

2

“The right of the people to be secure in their, persons, houses; papers, and effects, .against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”

3

“It shall be unlawful to have or possess any liquor or property intended for use in violating the provisions of this part, „or the internal-revenue laws, or regulations prescribed under such part, or laws, .or which has been so used, and no property rights shall exist in any such liquor or property. A search warrant may issue as provided in Title XI of the act of June 15, 1917, 40 Stat. 228 (U. S. C., Title 18, §§ 611-633) [since superseded by Fed. Rules Crim. Proc. 41], for the seizure of such liquor or property. Nothing in this section shall in any manner limit or affect any criminal or forfeiture provision of the internal-revenue laws, or of any other law. The seizure and forfeiture of any liquor or property under the provisions of this part, and the .disposition of such liquor or property subsequent to seizure and forfeiture, or the disposition of the proceeds from the sale of such liquor or property, shall be in accordance with existing laws or those hereafter in existence relating to seizures, forfeitures, and disposition of property or proceeds, for violation of the internal-revenue laws.” 26. U. S. C. § 3116.

4

Brief for the United States, pp. 35-36 (emphasis added).