Searches and Seizures Under the Prohibition Laws |
Common terms and phrases
19 Howell's St 20 Michigan Law affidavit agents American Law Reports Armstrong 1921 arrest authorized automobile Borkowski 1920 Boyd C. C. A.1st Cir C.C.A. 1st Cir C.C.A. 4th Cir Calif cause to believe citizen civil officer Columbia Law Review Commissioner of Internal common law Constitution contraband court held crime criminal defendant doctrine Dziadus Eighteenth Amendment enforcement Espionage Act evidence executed exist facts Fourth Amendment Giles Gouled grounds illegally transporting imprisoned Innelli Internal Revenue intoxicating liquors inventory judge or commissioner jury justice Kaplan Kathriner Kelih Law Register N.S. lawfully Mass Michigan Law Review misdemeanor National Prohibition Act O'Connor obtained offense Ohio person Potter premises private dwelling property taken prosecution punishment reasonable cause Rykowski search and seizure search warrant section 25 statute thereof tion transporting liquor trial United States 1924 unlawfully Vatune violation Virginia Law Register Volstead Act warrant issued writ Yale Law Journal
Popular passages
Page 21 - When the officer takes property under the warrant, he must give a copy of the warrant together with a receipt for the property taken (specifying it in detail) to the person from whom it was taken by him, or in whose possession it was found; or, in the absence of any person, he must leave it in the place where he found the property.
Page 5 - A search warrant may Issue as provided In Title XI "of public law numbered 24 of the Sixty-fifth Congress, approved June 15, 1917, and such liquor, the containers thereof, and such property so seized shall be subject to such disposition as the court may make thereof.
Page 7 - SEC. 5. The affidavits or depositions must set forth the facts tending to establish the grounds of the application or probable cause for believing that they exist.
Page 57 - The search for and seizure of stolen or forfeited goods, or goods liable to duties and concealed to avoid the payment thereof, are totally different things from a search for and seizure of a man's private books and papers for the purpose of obtaining information therein contained, or of using them as evidence against him. • • • In the one case, the government is entitled to the possession of the property ; in the other it is not.
Page 10 - ... there was not probable cause for believing the existence of the grounds on which the warrant was issued, or (5) the warrant was illegally executed.
Page 8 - The officer may break open any outer or inner door or window of a house, or any part of a house, or anything therein, to execute the warrant, if, after notice of his authority and purpose, he is refused admittance.
Page 8 - A search warrant may in all cases be served by any of the officers mentioned in its directions, but by no other person, except in aid of the officer on his requiring it, he being present and acting in its execution.
Page 21 - The judge or commissioner must insert a direction in the warrant that it be served in the daytime, unless the affidavits are positive that the property is on the person or in the place to be searched, in which case he may insert a direction that it be served at any time of the day or night.
Page 31 - Act, and occupied as such dwelling, without a warrant directing such search, or who while so engaged shall without a search warrant maliciously and without reasonable cause search any other building or property...
Page 29 - ... officers or courts authorized to issue the same for the apprehension of such offenders, and may, subject to the control of the said United States attorney, conduct the prosecution at the committing trial for the purpose of having the offenders held for the action of a grand jury. Section 1014 of the Revised Statutes of the United States is hereby made applicable in the enforcement of this Act.