The Grangeville globe. [volume] (Grangeville, Idaho) 1907-1922, 1915-12-02
Atty. Gen. Peterson Renders
Opinion Regarding the
Search" Law.
HOMES HELD SACRED
Must Have Proof of Liquor
Being Disposed of to
Issue Warrant.

Boise, Idaho. Nov. 26.-Because of
numerous inquiries as to the duty of
peace Officers and prosecutors In en-
forcing the new liquor law to go into
effect in this state the first of the year
and commonly referred to as senate
bill No. SO, Attorney General Peterson
has issued a statement bearing upon
the search Of private residences in
which he declares that no such search
could be legally made unless there
were advance evidence of violation of
the law and ~that any search warrant
attempted TO be issued under these
circumstances would be a legal nullity
and would afford no protection to the
officer acting hereunder The attor-
ney generals statement in part is as
follows:
This inquiry has raised very
grave and serious question through
out the entire state, and it is for the
purpose of giving such officers the
benefit of what 1 conceive to be the
law and avoiding future legal entan-
clements. ard perhaps personal violence,
that / feel impelled to give my views
in the matter this publicity.
Senate hill so makes the possess
sion of Intoxicating liquor in the state
no question but what this possession
extends to private residence as well
as a place OF business.
The question naturally recurs, there
fore. whether an officer in the prSpara-
tion of a case might apply to a mag
istrate to issue a search warrant for
the purpose of searching a private
residence to procure evidence of the
Illegal possession Of liquor, in the alb
sence of any showing of the illegal
sale Of sucn liquor in or from such res
idence.
Senate bill so provides (Sec 23)
that the provisions of chapter I 16,
session laws of 1911, are hereby spe-
officially extended to and made appli-
cable in the enforcement Of this act.
Chapter Is referred to, is what is
known in this state as the 'seach and
seizure asst and was intended to make
effective the liquor law of the state
as enacted at tha time.
This act provided, among other
things, for the issuance of search
warrants but solely for the pur- ose
of searching premises where evidence
was at hand showing that intoxicat-
tng liquor was being illegally disposed
OF therein. and had no reference to
the question of the possession of in
toxicating fquor in a private resi-
dence which was not being sold or
illegally disposed of.
"It would seem, therefore, that in
specifically re-enacting this portion of
the 1e11 law, and making no direct
provision for the issuance of search
warrants for searching residences where
no evidence is at hand tending to show
the illegal sale of liquor, that the leg
islature had no intention of authorizing
search of private residences under these
circumstances, and by a specific ref
erence to this chapter of the 1911 laws
1t would seem it was the intention of
the legislature to limit public officers
to the searches authorized by said
chapter1
"I have no hesitancy in saying that
the searching of private residences
for the purpose of ascertaining
whether intoxicating liquor is there.
without evidence of its being sold or
Illegally disposed of, is such a wide
departure from what has heretofore
been considered a citizens inalienable
rights that to authorize such search
and to jutisfy an officer In making
such search and issuing such war.
rant the legislature would be COM
PEELED to be explicit and certain In all
its directions to such officers.
"our constitution provides that the
citizens of the state shall be protect
ed against unreasonable searches and
seizures. The provision of the con-
stitution referred to ds as follows:
" The right OF the people to be Sc
cure in their persons. papers, and ef-
fects against unreasonable searches
and seizures shall not be violated
and no warrant shall issue without
probable cause shown by affidavit,
particularly describing the place to be
searched and the person or thing to
be searche3 for.
This provision of the constitution
has been almost uniformly construed
to prevent violation of a mans home,
except under most extraordinary cir
cumstances and under specific and
direct legislative direction. This pro-
vision would hawe the effect. ann sat
isfied. of causing our court to look
strictly int the right OF an officer to