Bonners Ferry herald. [volume] (Bonners Ferry, Idaho) 1904-current, 1915-12-10
SEARCH RIGHT
IS DANGEROUS
Attorney General Peterson Holds That
People Have Constitutional Rights
Is Long Opinion
EXPLAINS NEW LEAGUE LAW
Says Possession OF League Is Not
A Crime

Since the decision of the supreme
court in the case of in re Crane,
which held constitutional the enact
ment of the last legislature, common
ly known as senate bill so, and which
had to do with the liquor question in
the state of Idaho, this Office has been
deluged with inquiries concerning the
extent of the courts decision, the
duty of peace officers and prescott
ors under said decision, and especial
ly the question has been raised as to
the authority of magistrates to is
sue search warrants to search pri-
vate residences in the absence of
any evidence that liquor is being
sold or illegally disposed of in such
residences.
This inquiry has raised a very
grave and serious question through
out the entire state, and it is for
the purpose of giving such officers
the benefit of what | conceive to be
the law and avoiding future legal en-
tanglements, and perhaps personal
violence, that I feel impelled to give
my views in the matter this public
ity.
Senate bill so, above referred to-
makes the possession of intoxicating
liquor in the state of Idaho misde-
meanor, and there is no question but
what this possession extends to q
private residence as we'll as a place
of business.
The question naturally recurs
therefore, whether an officer in the
preparation of case might apply tc
a magistrate to issue a search war
rant to him for the purpose OF
searching a private residence to pro
cure evidence of the illegal posses
sion of liquor, in the absence of any
showing of the illegal sale of such
liquor in or from such residence.
Senate bill so provides (Sec. 23)
that the provisions of chapter Is, ses-
sion 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 "searcf
and seizure act" and was intended
to make effective the liquor law Of
the state as enacted at that time.
This act provided, among othel
things, for the issuance of search
warrants, but solely for the purpose
of searching premises where evidence
was at hand showing that intoxicat
ing liquor was being illegally dis
posed of therein, and had no refer
ence to the question of the possession
of Intoxicating liquor in a private
residence which was not being sol'
or illegally disposed of.
1t would seem, therefore, that il
specifically re-enacting this portion
of the 1911law, and making no direc
provision for the issuance of searcl
warrants for searching residence
where no evidence is at hand tending
to show the illegal sale of liquor, tina
the legislature had no intention o
authorizing search of private resi-
dences under these circumstance:
and by a specific reference to thi
chapter of the 1911 law it woul
seem it was the intention of the leg
islature to limit public officers to tn
searches authorized by said chapter
searches authorized, by said chapter
| have no hesitancy in saying tina
for the purpose of ascertainin
whether intoxicating liquor is Their
without evidence of its being sold q
illegally disposed of, is such a wild
departure from what has heretofoi
been considered a citizens mailer
able rights that to authorize sue
search ana to justify an officer j
making such search and issuing sue
warrant the legislature would
compelled to be explicit and certai
in all its directions to such officers.
Our constitution provides that II
citizens of the state shall be protec
ed against unfedSOilduiS Scai'hco al
seizures. The provision of the COZ
stitution referred to is as follows:
"The right of the people to be S
cure in their persons, houses, pape
and effects against unreasonab
searches and seizures shall not
violated; and no warrant shall iss'
without probable cause shown by a
fidavit, particularly describing t
place to be searched and the pers'
or thing to be seized"
This provision of the constitute
has been almost uniformly constru
to prevent violation Of a mans hon
except under most extraordinary c