Gouled v. United States
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Facts
Gouled was involved in a conspiracy to commit mail fraud against the United States. At the direction of the government, Cohen, a business acquaintance of Gouled, pretended to make a friendly visit to Gouled at his office. When Gouled stepped out, Cohen seized and carried away several documents that were later introduced against Gouled at trial.
Issue
Whether an agent of a government has to comply with the Fourth Amendment?
Held
Yes. The Fourth Amendment requires compliance by government agents.
Discussion
The secret taking, without force, from the premises of anyone by a representative of any branch of the Federal government is a search and seizure. It is immaterial that entrance to the premises was obtained by stealth or through social acquaintance, or in the guise of a business call.
Citation
255 U.S. 298, 41 S. Ct. 261 (1921)