The herald and news. [volume] (Newberry S.C.) 1903-1937, 1916-04-14
SUPREME COURT RENDERS
AN IMPORTANT DECISION
Every Peace OFFICER Should Read It.
The Right of Search Dehned-Cit'
izen Has Some Liberty to Preserve.


Town Of Blacksburg, appellant, VS..
Andrew Bean. defendant respondent,
Criminal law. Arrest without war
rant. Searching prisoners person TO
obtain evidence against him.
Cherokee. Affirmed.
Opiaion by George W. Gage, A. J.
The defendant was tried by the may
or of Blacksburg for transporting al
coholic LIQUORS, was found guilty, and
was sentenced to pay a fine OF S1OO
or TO serve 80 days at hard labor on
the public works.
The circuit court in formal Or
der reversed the judgment and dis
missed the case.
The municipal corporation has ap-
pealed by seven exceptions, the first
six of which refer back to the excep-
+ions which the defendant had made
to the mayors judgment and the sew
entb OF which is general ia character.
The record is short and we shall
consider the issues which were ar
cued and which fairly arise on the
record. and without much regard to
fo1mality.
The defendant is a young white
farmer. and lives near Kiegs Creek
a few miles out from Blacksburg;; he
had been to Union Court House, where
ne bought the whiskey from dis
pensary; he put the liquor in his
trunk and checked the trunk to
Blacksburg, where he disembarAed
from the railroad cars, bought ticket
to Kings Creek towards York; and
had his trunk recheeked to that place.
PEI ding his passage from one line
Of railroad to another, the chief OF
police at Blacksburg, without any
process, searched the defendants per-
son. got therefrom his trunk key
opened the trunk and seized the Whis-
key, arrested and incarcerated de-
fendant, and only the next morning
thereafter procured to be issued war
rant Of arrest.
So that it so happened one town IN
the same judicial circuit sold the
whiskey to the defendant for profit
and another town took it from him by
force and fur g him in jail for having
it in his possession.
We have NO doubt but that conF1c-
ton under the recited circumstances
is unlawful.
Some things are to be more deplor-
d .han the unlawful transportation OF
wh:skey: one is the los sof liberty.
Common as the event may be, it is
serious thing to arrest citizen; and
: a more serious thing to search
Mis- 7e-son; and he VINO accomplishes
/ .!usl Go 50 in conformity to the
..1s ci TIC land. There are two rea-
sons for this, one to avoid bloodsned
and the other to preserve the liberty
Of the citizen.
Obedience to law is the bond OF So
ciety: and the officers set to enforce
the law are not exempt from its man
dates.
In the instant case the possession
OF the liquor vas the body OF the Of
tense: that fact was proved by forci-
Bile and unlawful search Of the de-
sendart's person to secure veritaole
kew to the oRense. 1t is funamen-
tai that a citizen may not be arrested
and have his person searched by force
and without process in order to secure
testimony against him. The act OF
1908 (26 Stas. 10S9) has no appaca-
tior to The case. There was no hight
by the defendant aad therefore no pur-
suit by the officer. And that act gives
y, power to search the person.
1t is better that the guilty shall es-
cape rather than another offense shall
be committed in the proof of guilt.
The Judgment of the circuit court is
affirmed.
We ccacur: Eugene B Gary, c. j.,
D E. Hydrick. A. J., R. &c. Watts, A. ].