State police officers, acting without a warrant but with the consent of petitioner’s landlord, who had summoned them after detecting the odor of whiskey mash on the premises, entered petitioner’s rented house in his absence through an unlocked window and there found an unregistered still and a quantity of mash. When petitioner returned and entered the house, he was arrested by a state officer. Federal officers, also without warrants, arrived soon thereafter and took custody of petitioner, samples of the mash and the still. The evidence so seized was admitted over petitioner’s objection at his trial in a federal court, and he was convicted of violating the federal liquor laws.
Held: the search and seizure were unlawful, and the judgment affirming the conviction is reversed. Pp. 365 U. S. 610-618.
272 F.2d 70, reversed.