United StatesArgued Oct 12 and 13th 1927Decided Dec. 12 1927SUMMARYOn August 1, 1924 Gambino and Lima were both arrested by two New York statetroopers . They were driving near the Canadian border when their car was searched without a warrant and intoxicating liquor was found and was taken. The liquor and otherproperty taken was immediately turned over to a Federal deputy collector of customs forprosecution in the Federal court for Northern New York. Both Gambino and Lima werecharged with conspiracy to transport the liquor in violation with the national prohibitionact. The defense argued that the search without a warrant and no probable cause was inconflict with the Constitution Amendments four,five, and six. The motion was deniedwhich meant that was no excuse and the liquor was then brought into the trial as evidence.Both Lima and Gambino were found guilty and were sentenced to fine and imprisonment.The case was taken to appeals court where they affirmed the verdict and neither courtdelivered an opinion. This court was granted a writ of certiorari. The governmentcontended that the New York state troopers at the time were agents of the United States.The defendants contend that their was no probable cause and that the state troopers are tobe deemed agents of the United States because section 26 of the prohibition act imposesthe duty of arrest and seizure where liquor is being illegally transported. They also arguedthat state and federal agents were working together which in that case evidence obtainedthrough wrongful search and seizure by state officials CO-operating with federal agentsmust be excluded. But it was held admissible and the idea was excluded from the casebecause their wasn’t a federal agent present at the search and seizure. Therefor the onlyway the fourth, fifth, and sixth amendments could be applied to the case was if a federaloffice had aided the arrest. The only evidence against Gambino and Lima was the liquorwhi...
