Clearwater Republican. [volume] (Orofino, Idaho) 1912-1922, 1915-12-03
Cen Officers Search Private Homes for
Booze Under Idaho Statutes!

Cen Officers Search Private Homes for +
Booze Under Idaho Statutess
Boise, Idaho, Nov. 27.-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 Idaho the first of the year and
commonly referred to as senate bill
No. 50, 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 was
advance evidence of violation of the
law and THAT any search warrant at
tempted to be issued under these cir
cumstances would be legal nullity
and would afford no protection to the
officer acting hereunder. The at
torney- generals statement is in part
as follows:
'This inquiry has raised very
grave and serious question throughout
the entire state, and it is for the pur
pose of giving such officers the benefit
of what ! conceive to be the law and
avoiding future legal entanglements,
and perhaps personal violence, that |
feel impelled to give my views in the
matter this publicity.
"Senate bill so makes the posses
sion of intoxicating liquor in the
state Of Idaho a misdemeanor, and
there is no question but what this pos
session extends to private residence
as we'll as a place of business.
1.-THE question naturally recurs,
therefore, whether an officer in the
preparation of case might apply to
magistrate to issue search war;
rant for the purpose Of searching a
private residence to procure evidence
of the illegal possession of liquor, in
the absence of any showing of the IL
legal sale of such liquor in or from
such residence.
"Senate bill so provides, Sec. %,
that the provisions of chapter Is, ses-
sion laws of 1915, are hereby specifi-
cally extended TO and made applicable
in the enforcement of this act. Chap
ter Is, referred to, is what is known
in this state as the search and seiz-
ure act and was intended to make
effective the liquor law Of the state
as enacted at that time.
''This act provided, among other
things, for the issuance of search war;
rants, but solely for the purpose of
searching premises where evidence was
at hand showing that Intoxicating
liquor was being illegally disposed of
therein, and had no reference to the
question of the possession of intoxicat-
ing liquor in a private residence
which was not being sold or illegally
disposed Of.
lit would seem, therefore, that
specifically re-enacting this portion of
the 1911 law, making and no direct
warrants for searching residences
where no evidence is at hand tending
to show the illegal sale of liquor,
that the Legislature had no intention
of authorizing search of private resi-
dences under these circumstances, anC
by specific reference to this chapter
of the 1911 laws it would seem it was
the intention of the Legislature tt
limit public officers to the searche.
authorized by said chapter.
81 have no hesitancy in saying thai
, the searching of private residences fol
the purpose of ascertaining whether
!, intoxicating liquor is there withou
evidence of its being sold or illegally
disposed of, is such wide departur,
from what has heretofore been consid
cred citizens inalienable rights tina
to authorize such search and to justif,
an officer in making such search ant
issuing such warrant the legislator,
would be compelled to be explicit an,
certain. in all it's directions to sucl
/ officers.
| ''Our constitution provides that tn,
citizens of the state shall be pro
| tected against unreasonable searche
and seizures. The provision Of tn,
cor stiiu ion referred to is as follows
- The right of the people to be Sc
cure in their persons, papers, an,
effects against unreasonable searche
and seizures shall not be violated; an,
no warrant shall issue without proba
BILE cause shown by affidavit particr
larly describing the place to b.
searched.
This provision of the constitution
j has been almost uniformly construe,