The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1913-04-20
OFFICERS MUST
HAVE WARRANTS
GALL FEDERAL OFFICERS MUST
HAVE SEARCH WARRANT TO
RAID PROPERTY.

That a mans hcme is his castle,
secure against intrusion without due
process of law became a reality In
Oklahoma today by a decision or the
circuit court of frpeals. 1t means tnat
persons who like deCanter OF ola rye
handy on the sideboard, or case OF
Bud" in the cellar, will be safe under
ordinary circumstances from prosecli-
ton by the federal law.
The news was received by ]. c. Den
ton and WI S. Cochran, partnership
attorneys with offices in the Barnes
building today by telegram from the
appeal court regarding a case they
had pending there. They were attor-
neys for w. e. Evans, a Muskoget
druggist, whose place was entered last
fall and searched for liquor, and
Evans suit was for an injunction to
prevent, in effect, the result of the
raid from standing in law The de-
PENDANTS were United States Marshal
S. Grant Victor and Henry A. Lawson,
chief special officer of the United
States Indian service.
The case was appealed from the
United States district court for East
ern Oklahoma to the federal court OF
appeals, owing to the fact that judge
Ralph Il. Campbell, of the federal d s.
trict court, had sustained demurrer
offered by the United States attorney
in connection with the application for
the injunction.
The raid on the Evans drug store
was made, it is said, on the assump
tion that it was located in the In
dian country, where federal search
and seizure laws prevail. On such
territory federal officer, by virtue of
section 2l40 Of the federal statutes,
can enter and search any place where
be believes LIQUOR is stored.
Messrs. Denton and Cochran in their
brief for appeal contended that the
condition Cf statehood conferred on
Oklahoma makes most of the country
all of it not actually restricted
non-lndian country and therefore not
susceptible to the federal laws govern
ing unrestricted territory.
Actual Indian country, they declar-
ed, is that of which the government
still has possession, such as unre
stricted Indian allotments. Muskogee
and much of Eastern Oklahoma does
not come in this class. Congress,
they said, has no right to enact such
laws for countries that are not In
dian land
THE decision" said Mr.. Cochran
last night, IF we received the full
meaning of rhe message, and we mrst
have, is far reaching. 1t r.eans that
before a United States officer enters
mans house or place of business to
look for liquor he must have a search
and seizure warrant Such a war
rant must be procpred from a United
States commissioner on a showing
that there is a likelihood of liquor
being in the house or place of busi-
ness"
1t is asserted on good authority that
there is no provision for commits
sioner or any other federal officer
issuing a search warrant and seizure
warrant at all for unrestricted terri
tory. so the effect seems to be, it
is said that no place will be search
ed on the strength of such a war
rant
This country said Mr.. Denton,
will be under this decision in the
same situation as other countries. In
other states no search and seizure
warrants are issued to federal off
GERS to search peoples homes for
liquor. Under ordinary crcumstanc-
es it appears that such warrants will
not be issued here in the future, ex-
cept for searches on Indian lands,
because this isn't Indian land any
longer"
The substance of the decision, aside
from the requirement for the search
and iZure warrant, means, it is
said that man with intoXicants in
his house cannot he arrested and the
liquor usei as evidence that he is
an introd Ger, in federal courts
Phoenix