Abel v. United States

The question in this case is whether seven items were properly admitted into evidence at the petitioners trial for conspiracy to commit espionage. All seven items were seized by officers of the Government without a search warrant. The seizures did not occur in connection with the exertion of the criminal process against petitioner. They arose out of his administrative arrest by the United States Immigration and Naturalization Service as a preliminary to his deportation. A motion to suppress these items as evidence, duly made in the District Court, was denied after a full hearing. 155 F.Supp. 8. Petitioner was tried, convicted and sentenced to thirty years imprisonment and to the payment of a fine of $3,000. The Court of Appeals affirmed, 258 F.2d 485. We granted certiorari, 358 U.S. 813, limiting the grant to the following two questions: