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Gambino V. United States

             United States Argued Oct 12 and 13th 1927 Decided Dec. 12 1927 SUMMARY On August 1, 1924 Gambino and Lima were both arrested by two New York state troopers . They were driving near the Canadian border when their car was searched with out a warrant and intoxicating liquor was found and was taken. The liquor and other property taken was immediately turned over to a Federal deputy collector of customs for prosecution in the Federal court for Northern New York. Both Gambino and Lima were charged with conspiracy to transport the liquor in violation with the national prohibition act. The defense argued that the search without a warrant and no probable cause was in conflict with the Constitution Amendments four,five, and six. The motion was denied which 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 court delivered an opinion. This court was granted a writ of certiorari. The government contended 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 to be deemed agents of the United States because section 26 of the prohibition act imposes the duty of arrest and seizure where liquor is being illegally transported. They also argued that state and federal agents were working together which in that case evidence obtained through wrongful search and seizure by state officials CO-operating with federal agents must be excluded. But it was held admissible and the idea was excluded from the case because their wasn't a federal agent present at the search and seizure. Therefor the only way the fourth, fifth, and sixth amendments could be applied to the case was if a federal office had aided the arrest.

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