Supreme Court of the United States

Lustig v. United States

June 27, 1949338 U.S. 74

Summary

The Court reversed the lower courts and held that the evidence seized was inadmissible because Secret Service Agent Greene participated in the search before it was completed, making the search a federal one under the Byars doctrine. The majority reasoned that federal participation, even after state officers began the search, transforms the enterprise into a federal search, requiring Fourth Amendment suppression. Justice Reed dissented, arguing Greene did not participate and the evidence should be admitted, while Justice Murphy concurred, emphasizing that any illegal search—regardless of the officers’ identity—necessitates suppression.

Holding

  • Whether evidence obtained by state officers, but after participation by a federal agent before the search was completed, is admissible in a federal prosecution under the Fourth Amendment as applied in Byars v. United States. Evidence obtained is inadmissible because the federal agent's participation before the search was completed makes the search a federal one, triggering the Fourth Amendment exclusionary rule.

Docket 1389

Cited authorities

  • 35 Stat. 1088

Cited by