Atlanta semi-weekly journal. (Atlanta, Ga.) 1898-1920, 1917-08-24
NO AUTHORITY FOR SEARCH
OF TRAINS, COURT RULES
LowndeS County Sheriff En-
joined From Searching
Passengers Without
Warrants
Especial Dispatch to The Journal1

VALDOSTA, Ga, Aug. 22.-Judge w.
E. Thomas. of the superior court. today
handed down his written decision in the
case of the Georgia Southern and Flor
ida railway VS.. J. F. Passmore, on a
petition to make permanent the temper
airy injunction restraining Sheriff Pass
more from entering and searching pas
sengers or trains without a warrant
The decision as handed down makes
the temporary injunction permanent. and
hereafter no search of passengers or
| trains can be made unless the officer is
in possession of a warrant authorizing
the search.
The decision in full follows:
THE Georgia Southern and Florida
Railway company VS.. ]. F. Passmore,
sheriff. Injunction in Lowndes superior
court, November term, 1917.
This suit is brought by the plaintiff
to enjoin the defendant as sheriff of
Lowndes county from going upon the
passenger trains Of plaintiff and search
ing passengers thereon suspected by the
defendants of having intoxicating
liquors, where the defendant undertakes
to make such search and seizure of
such liquors without lawful athority.
THE defendant claims the right, as
sheriff, to go upon such passenger trains
OF the pldlnLlH WltnOuL q warrant as du-
thority and to search such passengers
as he suspects having whisky in their
possession, and to seize the same. Re-
duced to its final IT is the only legal
issue in the case
PERSONAL RIGHTS.
The constitution provides that the
right of people to be secure in their
personal houses, papers and effects
against unreasonable search and seiz-
ure. shall not be violated and that no
Warrants shall issue except upon prob
able cause, supported by oath or anima-
t1on.'
Such has ben the fundamental law
for more than a century and Justice
Cobb, in speaking for the court in the
case OF Park against Gambler, 11lth
Georgia, page 466, made the enunciation
that the constitution should be obeyed
no matter what may be the conse-
quences of the obedience
1T is we'll settled by a long line of
authorities that an arresting officer has
not authority without a warrant upon
mere information or suspicion that an
other Is carrying a concealed pistol to
arrest the latter and search his person
for the purpose of ascertaining whether
or not he is in fact violating the law
prohibiting the carrying of concealed
weapons. The same rule and principle
appears with respect to the law prohib-
iting the carrying Of intoxica ting liquor.
Any other rule would subject any and
every passenger, male or female, upon
the railroad trains of this state to the
indignity Of search at the will and ca
price OF any sheriff. constable, police
officer or detective.
THE supreme court, in the case of
Pickett against the state, 9sth Georgia,
page 90. and in other cases, expressly
declares such search to be unreasonable
as contemplated by the provisions of the
constitution.
NO SEARCH WITHOUT WARRANT.
"a sheriff. or other arresting officer,
without personal knowledge that a par
ticular individual Is violating the law
by carrying Intoxicating liquors about
his person, In order to make a lawful
search and seizure. must be armed with
the authority of a warrant issued upon
probable cause and supported by the
oath or affirmation of some person or
persons. Such is the plain mandate Of
the constitution.
The same rule that would permit an
arresting officer to arrest and search
some particular individual on a train
without warrant or personal knowl-
edge of such violation of the law by the
peson arresting would authorize the
same arresting officer to arrest and
search each and every other passenger
on such train.
''The court is dealing with a principle
and upon consideration it is ordered
that the defendant must be enjoined as
prayed, and that he desist from such un-
lawful seizures and searches upon the
trains of the plaintiff. Of course, thiR
order does not interfere with arrests,
search or seizure where the sheriff is
duly armed with authority so to do
People have no more right to violate the
law on the train than when they are not
on the trains, and it is a simple matter
for the sheriff to arm himself with a
warrant authorizing him to arrest an Of
fender where there is probable cause
that one is, or will be, upon the train
and should be arrested.
There is no reasonable probability
that there will be a probable cause for
searching and arresting every man who
happens to be on at rain, and the wis
dom of the constitution in protecting
people from unreasonable search will
exempt from seizure and search only
such as should be arrested and for whom
the sheriff can procure a warrant upon
ten oath of some one who will be re-
sponsible If he maliciously swear
falsely. But in the cases at ISSUE the
sheriff had no authority, hence this in
junction.
Granted at valdosta. Ga, this Au-
gust %, 1917.
wv. E. THOMAS, Judge S. c. S. c."