Omaha daily bee., 1917-08-04
POLICE JUDGE SAYS
COPS MADE MISTAKE
Magistrate Madden Rules They
Had No Right to Enter South
Side Homes Without
Search Warrants.

There is no doubt in my mind but
that officers made a mistake when
they entered these homes without
search warrants" said Police Magis-
trate Madden. Thursday morning,
during the trial of Joe Koveu. Twen-
ty-sixth and p streets: Mary Covry.
Dan Covry, Mary Such, all of $500
South Twenty-eighth street, and Dan
Filiph, 2423 P street, for illegal pos
session of liquor.
Officer Kundtson testified on the
evening of July 50 he saw a crowd
of Roumanians get off the Missouri
Pacific train with suitcases suspi-
ciously heavy. Some of the crowd
saw him and ducked into the station.
He followed Joe Koveu up the street
and asked him what he was carrying
in the suitcase. He said, Clothes"
but when he was questioned further
he finally admitted that he "had a
little whisky"
Liquor in Suitcase.
He was taken to the South Side
police station, where his suitcase was
opened and was found to contain FIVE
gallons of liquor. Koveu was put in
Jail and in short time Mary Covry
appeared at the police station and
asked how much she would have to
pay to get him out. Police Captain
John Briggs jokingly said:
Well, it'll cost you about $1,000
That started things.
Mary Covry said: why don't you
get the others, too?"
The officers assured her they
would if they knew who to get. She
led them first to the home of Dan
Filiph, 2423 P street, where they
said they found a number of jugs full
Of whisky and alcohol; then to the
home at $500 South Twenty-eighth
street, where the Covry's and the
Suches live. where they found eight
gallons of Intoxicating liquors. Last
ly they visited the home of Daniel
Bodos, 25l6 P street, who had also
returned from St. Joseph with a suit
case, but here they found no liquor.
Police Judge Madden released the
Roumanians in police court this
morning because, he conceded, the
evidence had been obtained illegally.
Il regret that the law which pro-
tects our homes hinders prosecution
when there has been an open viola
ton of the law, but in this case it
seems that there is nothing can do"
{. +. Connolly, attorney for the de-
PENDANTS, has filed a petition asking
that the liquor which was taken from
his clients be returned to them. They
allege that it was purchased before
May /.
Says Search Unreas. nable.
At the trial Thursday c. F. Con-
molly. attorney for the defendants,
said:
"The sacredness of our homes and
their protection from unreasonable
search are provided for in the consti-
tuition of the United States. Private
homes cannot be searched unless the
officers have search warrants"
He quoted from decisions of the
federal courts and district courts and
spoke of the decision handed down
by Judge Fitzgerald in the central po-
lice court in Omaha about week
ago, when he ruled that no homes
should be searched without warrants.
Police Magistrate Madden took the
csae under advisement until Friday.
There was no evidence against Dan
Bodos and he was dismissed.
Joe Koveu, who was arrested on
the street before he reached home
with his suitcase of liquor, was fined |
$l00 and costs and turned over to
IDENTITY ILnited States Marshal Gates |