Marron v. United States

Background

A man who leased the second floor of 1249 Polk Street, where a saloon sold illegal liquor, was indicted with others for running a nuisance under the National Prohibition Act. Prohibition agents obtained a warrant describing only intoxicating liquors. Agents entered, arrested the man in charge, Birdsall, and found large quantities of liquor plus a ledger showing inventories and receipts and bills for utilities bearing the petitioner’s name. The ledger and bills were seized and later introduced at trial; the petitioner argued their seizure violated his rights under the Fourth and Fifth Amendments.

Reasoning

The Court first noted that warrants must particularly describe what may be seized, and general searches are forbidden. It then addressed whether the ledger and bills could nonetheless be taken as part of a lawful search incident to arrest. Because Birdsall was arrested while actually maintaining and controlling the saloon — a place declared a common nuisance — officers could search the premises contemporaneously to find items used to carry on the illegal business. The Court concluded the ledger and bills were part of the outfit or equipment used to sell liquor and were in immediate possession and control, so their seizure was lawful. The Court affirmed the conviction.

Real world impact

The decision allows officers to seize business records found in parts of a premises actually used to commit an ongoing crime when arresting the person in charge. It confirms that items closely related to running an illegal establishment can be treated as equipment of the offense and used at trial.