 In Ex parte Bollman ( 1807 ) , the Court granted the writ to two members of the Burr conspiracy . Dr. Erick Bollman and Samuel Swartwout , having been apprehended in New Orleans , were transported to Charleston and then Baltimore on a navy vessel — notwithstanding the writs of habeas corpus issued by a territorial judge in New Orleans and a district judge in Charlestown . The United States Circuit Court of the District of Columbia issued an arrest warrant for Bollman and Swartwout ( who were already in military custody ) , slated the case for trial in D.C. , and denied the prisoners bail ; Judge William Cranch ( also the Supreme Court 's reporter of decisions ) dissented in part on the ground that there was no probable cause for the arrest warrant as required by the Fourth Amendment . The Senate passed , but the House rejected , legislation that would have suspended the writ for three months and legalized Bollman and Swartwout 's arrests . Nearly every member of Congress attended the oral arguments in the Supreme Court . 
