Atlanta semi-weekly journal. (Atlanta, Ga.) 1898-1920, 1917-09-18

Of search warrants is limited 10 the
cases OF stolen goods are based upon
more or less hasty construction Of
the peculiar Language of the section OF
the code following the search and seiz-
ure section G325-1329).
'It is true that no reference is he:e
made to any other class of cases; that
these succeeding sections refer particu-
larly to stolen goods. However, 1t
should also be noted that the authority
for the issuance of the warrants eX-
pressed in section 1925 is not limited in
the succeeding sections; and if those
sections do refer to stolen goods it Is
just as true that sections of the bone
dry law not yet codi1ed refer in like
measure to the seizure and disposition
Of liquors held in defiance of law.
(Here a warrant is defined)
FUNCTION NOT LIMITED.
ct conclude that in Georgia the func-
ton of a search warrant is not limit
ed to seeking stolen property. A search
warrant legally issued is sufficient au-
thority to an officer to search any home
or place or vehicle described in such
warrant for the discovery of stolen,
contraband or Illicit property or evil
dences or guilt of any crime or offense'
alleged upon oath to have been commit
ted"
"Home, place of vehicle" is inter-
preted as covering residences, places
of business, automobiles, trains, indi-
viduals, etc.
MUST HAVE SEARCH WARRANT.
The attorney general specified to The
Journal that an officer can not, with
out warrant, stop an automobile and
search 1t, or an individual and go into
his suit case.
He quoted the paragraph of the con-
stitution of the United States, which
says:
THE right of the people to be Sc
cure In their persons, houses, papers,
and effects, against unreasonable
searches and seizures, shall not be vio-
lated" etc.
The language OF the constitution of
Georgia and likewise the statute of
the state Of Georgia is practically iden-
teal with the above.
The search and seizure discussion,
Mr.. Walker Naid, is one of the funda-
mental evils (which brought about the
birth Of our nation, since in the mother
country officials issued warrants with
out Limitation as to person or place.
In the minds of the trainers of the
fourth amendment to the constitution,
Mr.. Walker said, There was not the
slightest thought of providing a means
for the recovery of stolen goods or
even for the discovers of Their crime;
the sanctity of the home, the right to
privacy of person, papers and home
was first in their minds"
The right of search on proper war
rant he therefore interprets as a rem
edy for preventing the use of the pro-
lection of the home as a cloak for the
covering up of crime Consequently the
right to search on warrant should not
be limited, he says, to stolen goods.
IF a private dwelling is known"
he said. ito be the scene of horrible
murder, would its owner be permitted
for a moment to bar the doors to the
entrance of an officer armed with a
search warrant. seeking evidence of
guilt? The constitution simp-
ly provides against unreasonable
searches, but expressly enacted that a
search might legally be made upon rea-
sonable terms
The attorney general has been unable
to find any satisfactory reason or prece-
dent. he said. to base the conclusion that
the Georgia statute limits the issuance
of a search warrant to the sole purpose
OF searching for stolen goods He
quotes an opinion Of Associate Justice
Lumpkin that
mo search IS more unreasonable or
more obnoxious to our fundamental law
than one without warrant, based upon a
bare suspicion that a criminal offense
has been committed"
The search question has not been
brought to an issue because many peo-
pie have accepted searches as legal, he
pointed out.
at is probable" says the opinion,
that this most important question has
not been brought to direct Issue in the
Georgia courts by reason of the fact
that by common knowledge and univer-
sal custom in this state the right of
search has been, in practice, incidental
to arrest under criminal warrant; in
deed, in certain crimes. such right OF
search has been held and considered
Incident to the commission of the crime
without a warrant for arrest"
He pointed out that in the Mary
Phagan case no one thought of securing
a warrant for search of premises where
1t was believed the crime was COM
mitted. Officers simply went ahead and
searched. In arrests upon warrant in
cidental search is taken generally as