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Gouled v. United States, 255 U.S. 298 (1921)
If a government agent breaks down your office door without a warrant and takes a document, have your Fourth Amendment rights been violated? What if the government agent instead visits your office during business hours and, acting without a warrant, takes a document from your desk while you aren’t looking? We explore similar questions in Gouled versus United States.
The United States suspected Felix Gouled and several others of conspiring to defraud the federal government and of using the mail to perpetrate their scheme. Cohen was a private in the army and worked in the intelligence department. Cohen was also Gouled’s business acquaintance. Acting on his superior officers’ instructions, Cohen went to Gouled’s office under the guise of paying Gouled a friendly visit and, acting without a warrant, secretly took several papers. The district attorney obtained possession of one of those papers and introduced it into evidence at Gouled’s criminal trial. Gouled objected on Fourth Amendment grounds. The district court overruled Gouled’s objection, and the jury convicted. The matter then came before the Second Circuit on a writ of error. The Second Circuit certified several questions to the United States Supreme Court.
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