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Hardwig v. United States

Circuit Court of Appeals, Sixth Circuit
Feb 9, 1928
23 F.2d 922 (6th Cir. 1928)

Summary

holding that a lessee who sublets to a sublessee has “no right to object to evidence of what was found or done there”

Summary of this case from Hidden Village, LLC v. City of Lakewood

Opinion

No. 5060.

February 9, 1928.

In Error to the District Court of the United States for the Eastern Division of the Northern District of Ohio.

George Hardwig brings error. Affirmed.

Henry A. Pollack, of Cleveland, Ohio (Mooney, McCormack, Roth Pollack, of Cleveland, Ohio, on the brief), for plaintiff in error.

John B. Osmun, Asst. U.S. Atty., of Cleveland, Ohio.

Before DENISON and MOORMAN, Circuit Judges, and TUTTLE, District Judge.


The record presents two questions. The first is whether a still, with supplies, equipment, and about 30 gallons of whisky, found by a searching party of federal officers, was admissible in evidence against plaintiff in error, Hardwig. Hardwig was lessee of his dwelling, but had sublet the second floor of it to an Italian. All of the evidence objected to was found in that part of the building occupied by the Italian.

Hardwig had no right to object to evidence of what was found or done there. Newingham v. United States (C.C.A.) 4 F.2d 490; Remus v. United States (C.C.A.) 291 F. 501; Van Dam v. U.S. (C.C.A.) 23 F.2d 235, decided January 6, 1928. Nor did he have any such right because of the circumstances under which the officers reached that part of the building, for it was not shown that they passed through any part of the building occupied or used by him, and, besides, the right of ingress to and egress from the upstairs was an incident to the sublease, and only the sublessee could rely upon the Fourth Amendment to complain of any illegal or improper use of this right.

The other question, relating to the sufficiency of the evidence to support a conviction on the fourth count, charging the maintenance of a nuisance, is controlled, we think, by Schutte v. United States (C.C.A.) 21 F.2d 830.

Affirmed.


Summaries of

Hardwig v. United States

Circuit Court of Appeals, Sixth Circuit
Feb 9, 1928
23 F.2d 922 (6th Cir. 1928)

holding that a lessee who sublets to a sublessee has “no right to object to evidence of what was found or done there”

Summary of this case from Hidden Village, LLC v. City of Lakewood

concluding that a lessee who sublets part of a building to a sublessee personally has "no right to object to evidence of what was found or done there"

Summary of this case from Shamaeizadeh v. Cunigan

In Hardwig v. U.S., 23 F.2d 922 (C.C.A. 6), the headnote says: "In liquor prosecution defendant lessee could not object to evidence of what searching officers found or did in premises sublet to another."

Summary of this case from United States v. Nagle
Case details for

Hardwig v. United States

Case Details

Full title:HARDWIG v. UNITED STATES

Court:Circuit Court of Appeals, Sixth Circuit

Date published: Feb 9, 1928

Citations

23 F.2d 922 (6th Cir. 1928)

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