Montpelier examiner. [volume] (Montpelier, Idaho) 1895-1937, 1915-12-03
CAN'T SEARCH WITHOUT
EVIDENCE OF VIOLATION
Attorney General Peterson Says Officers VIII
Not be Justified in Searching Homes Unless
There IS Proof of Willful Violation.

secutors in enforcing the new liquor
law to go into effect in this state the
first Of the year and commonly re-
ferred to as senate bill SO, Attorney
General Peterson has issued a state
ment bearing upon the search OF pri-
vate residences in which he declares
that no such search could be legally
made unless there was advance evi-
dence Of violation of the law, and
that any search warrant attempted
to be issued under these circum-
stances would be q legal nullity and
would afford no protection to the
officer acting hereunder"
The attorney generals statement
is as follows:
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
" 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 concern
ing the extent of the courts deci-
sion, the duty of peace officers and
prosecutors under said decision, and
especially the question has been
raised as to the authority of magis-
trates to issue search warrants to
search private residences in the alb
sence of any evidence that liquor is
being sold or illegally disposed of in
such residences.
This inquiry has raised very
grave and serious question through
out the entire state, and tits for the
purpose Of giving such officers the
benefit Of what | conceive to be the
law and avoiding future legal entan-
clements, and perhaps personal vio-
lence, that feel impelled to give
my views in the matter this publicity
Senate bill SO. above referred to
makes the possession Of intoxicating
liquor in the state of Idaho, q mis-
demeanor, and there is osquestior
but what this possession extends t.
q private residence as well as a plac'
of business.
The question naturally recnrs
therefore. whether an officer in tn
preparation Of q case might apply :
8 magistrate to issue a search wal
rant to him for the purpose Of search
ing private residence to procur
evidence of the illegal possession G
liquor, in the absence Of any show
ing Of the illegal sale Of such liquc
in or from such residence.
Senate bill so provides (Section p
that the provisions Of chapter ii
session laws of 1911, are hereby sp
cifically extended to and made app
cable in the enforcement of this &C
Chapter 10, referred to. is what
known in this state as the scar
and seizure act.'i and was intend'
to make effective the liquor law
the state as enacted at that time.
This act provided. among 9th
things, for the issuance Of scar
warrants, but solely for the pnrpC
of searching premises where evideu
was at hand showing that intoxici
ing liquor was being illegally d
posed of therein, and had no ref,
ence to the question Of the poss
mon of intoxicating liquor in
vate residence. which was not bel
sold or Illegally disposed Of.
1t would seem. therefore. that
specifically re-epacting this port
Of the 1911 law, and making no
rect provision for the issuance
search warrants for searching r
dences where no evidence is at hi
tending to show the Illegal sale
liquor, that the legislature had
intention Of authorizing search
private residences under these
cumstances, and by specific re
ence to this chapter Of the 1911
it would seem it was the intention
the legislature to limit public Off
to the searches authorized BY
chapter.
/ have no hesitaney in saying
the searching Of privzte reside
fOE the purpose Of ascertai