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United States v. Di Re | 332 U.S. 581 (1948)
A pleasant drive can easily be interrupted by flashing red and blue lights in the rearview mirror. In a scenario where the officer is allowed to search a car, can he also search its occupants? In United States versus Di Re , we’ll explore whether officers could arrest and search a vehicle occupant whom they didn’t have probable cause or a warrant to search.
During World War Two, an Office of Price Administration investigator received a tip from Reed that Buttitta was going to buy counterfeit gasoline ration coupons at a meeting place in Buffalo, New York. The investigator and local police went to the location and found Buttitta in his parked car with Reed and Michael Di Re. A simple search revealed Reed holding two counterfeit gas coupons, which he claimed Buttitta gave him. The three were taken into custody, frisked, brought to the station, and instructed to empty their pockets. Di Re had a few gas and oil coupons. Later, Di Re was thoroughly searched, and one hundred coupons were found under his shirt. All were counterfeit.
The United States charged Di Re with violating the Second War Powers Act in the United States District Court for the Western District of New York. At trial, Di Re objected to including the counterfeit coupons in evidence, arguing that they were illegally obtained through a search following a warrantless arrest. The district court allowed the evidence, and Di Re was convicted. Di Re appealed to the Second Circuit, which found Di Re’s arrest and the search illegal and overturned the conviction because the evidence stemmed from the government’s illegal conduct. The government appealed to the United States Supreme Court.
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