New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1868-12-19

Yesterday, Special Officer Canonge. of the
Metropolitan Police, was examined before
Recorder Gastinel on the charge of entering
a house on Customhouse street without a
warrant. This is the testimony:I b -sas.
| Annie Adams-I reside on Customhouse
street. On the seventh of December. at one
o'clock othcer CanoDge came to the door,
rang the bell and asked me if | was the
landlady. answered yes, whereupon he
showed rue aside and walked in. / asked
him what his business was. He showed me
aside, walked in and seated himself in the
parlor. He said he wanted to see me pri-
yately. asked him what authority he had
for coming into the house. He showed me
his badge and said this is NV authority
said there were certain complaints made
against my house; said that need not look
az MIN IN such suspicious way. He said
that the house had been indicted. He re-
marked, lam a little in liquor, but | know
what l am doing. He talked in n harsh
manner, but did not offer violence or try 10
get money. | keep house of assignation.
a, MI. Duffy testihed-I do not know what
tne conversation was. / saw them talking
and 1t seemed to be private. Saw them
walk of to an adjoining room. Do not
know what conversation took place. There
was no noise at all. Canonge came out
when did. Did not hear her complain
about being insulted.
Mr.. White testifed-Mr. Duffy and were
standing on the corner when Canonge went
into the house, and we went in about sir
minutes after. Canonge was sitting down
when we went in. The lady made some re-
mark. Do not know now what it was.
went up stairs. When came down found
the two in private room. together sitting
on sofa. We all left the house together.
This closed the testimony, after which
the counsel for plaintiff remarked
II your honor pleases, he rings the bell
and goes into the house. After he got in
what occurred? No one knows. She states
that he came there under eolor of the law.
l contend that police officer has no right
TO enter this house unlsss he has an order
of court. The Constitution of the United
States, from which he Constitution of this
State is framed guarantees to every one
liberty of their own house. 1t states that
no ones premies shall be Searched excenf
with warrait. In this case he had none.
If he went mere as police officer he eshonId
have had a warrant, and not merelva d ba(,pA
The ide. that police officers have . right To.
enter any premises without a warrant is .
misAke, ana IN doing so say that he has
conmltted a trespass. He WAS trespasser
"a not haylng authority TO enter these
Ease as the law requires 3 a'sS
The Recorder summed ND the case vitb.,...
he following remarkss
r. Inc question is, what was his intent.,o,,
1e was drunk, on a frolic. He went in ~
rouse @ as public house. He wanted ~ shat
2. me woman did not want him in. rb.s ~
lP1n is,l i. ne US his influence as police ofIieae
Fllh the idea Of gaining admittans,e olneerp
l am satisfied he had no intenti1 1n ~. "a.
Inything wrong. But wish It t. ~ ~ e1sag slX
,1l not only for yoursslf ~ psn sa
ny the officers, thaI you have no reht Lir igr y
n 'of ofiaa!y say ones premises IN the capacity Of
VI oncer OF the law without warrant.