In the 1930 case of Go-Bart Importing Company et al. v. United States, the Supreme Court ruled on issues related to unlawful arrests and seizures in violation of Fourth and Fifth Amendments rights. The defendants were arrested without warrants by federal agents who also seized papers from their offices, which were later used as evidence against them in a trial for conspiracy to violate Prohibition laws. The court held that these actions constituted an unreasonable search and seizure under the Fourth Amendment, violating due process rights protected by the Fifth Amendment because they had been carried out without probable cause or a warrant describing with particularity what was being searched for or seized. As such, any evidence obtained through this method could not be used at trial.

In the dissenting opinion for the Go-Bart Importing Company v. United States case, Justice Butler argued that the arrests and seizures made by federal agents were unlawful as they lacked a warrant or probable cause. He contended that such actions violated Fourth Amendment rights against unreasonable searches and seizures. The majority's decision to uphold these actions on grounds of reasonable suspicion was seen as an erosion of constitutional protections, setting a dangerous precedent for future cases. Furthermore, he criticized their interpretation of "probable cause," stating it should be based on concrete evidence rather than mere suspicion or belief in guilt. This view emphasized strict adherence to constitutional principles over practical considerations in law enforcement procedures.