Opinion
No. 5357.
October 15, 1928.
In Error to the District Court of the United States for the Northern Division of the Western District of Washington; Jeremiah Neterer, Judge.
Edward H. Chavelle, of Seattle, Wash., for plaintiff in error.
Anthony Savage, U.S. Atty., and Jeffrey Heiman, Asst. U.S. Atty., both of Seattle, Wash.
Before RUDKIN, DIETRICH, and HUNT, Circuit Judges.
This is a writ of error to review a judgment of conviction under the National Prohibition Act (27 USCA). There was testimony on the part of the government tending to show that government agents entered the hotel of which the plaintiff in error was the proprietor, in the city of Seattle, and as one of the agents approached the room occupied by the plaintiff in error he saw through the open door several persons drinking intoxicating liquor and a bottle of intoxicating liquor on the dresser. The plaintiff in error was thereupon arrested and the liquor seized. The only question presented by the record is the illegality of the search and seizure. But inasmuch as the offense was committed in the immediate presence of the officer, no warrant of arrest or search warrant was necessary, and the legality of the search and seizure does not enter into the case.
The judgment is affirmed.