Whisky In The Garage

At about 2:30 one morning, federal prohibition agents went to a small metal garage standing next to a man's home in a large eastern city. From outside, they smelled whisky coming from the building and, shining a searchlight through a small opening, saw cardboard cases they believed held liquor. Without a warrant, they broke the fastening on the door, went in and found 122 cases of whisky. The man came out of his house while the search was going on and was arrested. He was prosecuted for unlawfully possessing intoxicating liquor. The defence moved to exclude the whisky and the agents' testimony, arguing that breaking into the garage without a warrant was an unconstitutional search and seizure and also breached a federal law restricting entry into private dwellings.