Combs v. United States, 408 U.S. 224 (1972)

CERTIORARI TO THE UNITED STATES COURT OF APPEALS

FOR THE SIXTH CIRCUIT

Syllabus

Petitioner was convicted of receiving, possessing, and concealing whiskey known by him to have been stolen from an interstate shipment. Prior to his trial, the District Court had denied a motion to suppress the whiskey from evidence on the contention that there had been no showing of probable cause to support issuance of the warrant authorizing the search for the whiskey. The petitioner raised only the validity of the warrant on his appeal, but the Court of Appeals held that he lacked standing to challenge the legality of the search, which had occurred on his father’s farm where petitioner was not living or present at the time of the search.

Held: Since the Government now suggests that the warrant was invalid, and since the record is inadequate for a determination of whether petitioner had an interest in the searched premises that would afford him standing under Mancusi v. DeForte, 392 U.S. 364, to challenge the legality of the search, the judgment of the Court of Appeals is vacated and the case remanded for further proceedings.

46 F.2d 515, vacated and remanded.