In Mullen v. United States (1911), the U.S Supreme Court ruled on a case involving land fraud in Oregon. The defendant, John A. Benson, was accused of conspiring to defraud the government by filing false claims for public lands under the Timber and Stone Act of 1878, which allowed private citizens to purchase federal lands that were "unfit for cultivation" and valuable mainly for timber or stone at a low price. Benson had allegedly paid individuals to pose as claimants who would then transfer their rights over these parcels of land back to him after obtaining them from the government. The main issue before the court was whether an indictment alleging conspiracy needed specific allegations about how each co-conspirator committed fraudulent acts against the government or if it sufficed merely to allege that they conspired together with intent to defraud without detailing individual actions. The Supreme Court held that while it is necessary in indictments charging conspiracy under general statutes requiring overt act by one or more parties involved, such requirement does not apply when dealing with cases like this where statute itself makes unlawful any agreement entered into with intent specified therein regardless of any subsequent action taken towards its accomplishment.

In the dissenting opinion for Mullen v. United States, Justice Harlan argued that the majority's decision to uphold a conviction based on evidence obtained through an illegal search and seizure was in direct violation of the Fourth Amendment rights of citizens. He contended that such actions by law enforcement officials were not only unconstitutional but also threatened individual liberties. The justice emphasized that any evidence procured illegally should be deemed inadmissible in court as it sets a dangerous precedent where constitutional protections could be easily disregarded under the guise of criminal investigation. Furthermore, he expressed concern over potential abuses by authorities if they are allowed to violate personal privacy without repercussions or checks on their power.