The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1900-09-06
NARRANTSAREMCESSARY
WITHOUT THEM POLICE RAIDS
ARE ILLEGAL
Search Warrant Must be Sworn out be-
fore Search for or Seizure of Private
Property Is Made.

Judge Humphreys ruling yesterday
that even the heather Chinese's home
is his castle and must not be searched
without properly prepared and sign
ed search warrant has created conster-
nation among the police, especially
among those officers whose duty 1t is to
make opium" and gambling raids in
Chinatown. The decision was given in
the case of All Chong, charged with
having opium in possession.
Deputy High Sheriff Chillingworth
told the story of the raid on All Chong' $
premises in Liliha Street and produced
pipes, opium and other smoking ma
terial as evidence. In answer to a ques-
ton he stated that he had not a search
warrant when the raid was made.
Turning to the jury Judge Hum
phreys stated that the stenographer
would be instructed to strike all the
testimony of Chillingworth from the
records and that the twelve good and
true" should not consider it in making
up their verdict. The reason for this
action, explained the court, was that
the police officers had exceeded their
authority in entering the premises of
All Chong without warrant. In tact
they were trespassers in the house OF
the Cinnamon and their testimony was
impertinent in the case.
I'VE have law which provides how
search warrants may be issued to po-
lice officers" said Judge Humphreys,
land they are the last officers or the
last persons who should go around
breaking into peoples houses without
sarch warrants. Nobody's rights of
liberty are safe if that may be done"
The authority upon which the Judge
based his ruling is found in the sylla-
bus, as follows Search and seizure Of
a mans private papers to be used in
evidence for the purpose of conVicting
him of a crime recovering a penalty, or
of FORGETTING his property, is totally diff
erent from the search and seizure of
stolen goods, dutiable articles on which
the duties have not been paid, and the
like, which rightfully belong to the Gus
tody of the law.
The seizure or compulsory production
of mans private papers to be used In
evidence against himself is equivalent
to compelling him to be a witness
against himself. and in the pros
ecution of a crime, penalty or for
fixture, is equally within the prohibi-
ton of the 5th amendment.
officer Hanrahan was the next wit
ness. When he was called the court in
qured if he was with Chillingworth in
the raid and would testify to the same
line of facts. Yes, was the answer.
Judge Humphreys thereupon declined
to let the witness testify at all.
Inc decision OF Judge humphreys
in this matter, the police say,
will make it very hard for the
police to handle cases of gambling
and opium smoking. In the past it has
been the habit to go the rounds of the
"joints," catching whatever came in
the police drag net. Sometimes it
might be opium and at others gam
blers. In a night dozens and even
scores of suspect places would be visit
ed. The police have ostensibly assum-
ed the responsibility of entering prem
ises without search warrants, but as a
matter of fact no Chinaman has ever
made 4 kick about it.