Atlanta semi-weekly journal. (Atlanta, Ga.) 1898-1920, 1917-09-18
WARRANT NECESSARY
F. FOR SEARCH Of HOME,
GOV. DORSEY IS TOLD
Attorney General Walker Rules
Liquor Law Cannot Violate
Terms of Privacy as Fixed
by the Constitution

No search for liquor may be made in
Georgia on the strength of mere sus-
picion. according TO an opinion sent Gov
ernor Dorsey by Attorney General Cliff
ford Walker Saturday.
The laws of the state. the attorney
general holds. do not permit the search
of homes or vehicles unless there is first
executed IN legal form a solemn oath
that there is reasonable probability of
discovering the liquor.
The warrant necessary must particu-
larly described the place to be searched
and the persons or things to be seized.
The affiant IS subject to criminal pros
ecution for false swearing as well as
civil action for trespass unless there
is substantial or thoroughly satisfactory
evidence that he acted in good faith.
In short, according to the attorney
general, the privacy OF the home must
be held inviolate save under terms fixed
by the constitution"
Mr. Walkers opinion conflicts with
the opinion OF a large number OF Geor-
gia lawyers who have held that war
rant authorizing search may issue only
for the purpose Of seeking stolen goods.
The warrant may issue, he points out,
for the search of any violation or the
law, but IL cannot be issued unless
there is probable cause.
The attorney generals opinion was
given in response TO a request or Gov
ernor Dorsey, who was asked by Mayor
W. ]. Pierpont, of Savannah, TO secure
a. Mayor Pierpont wrote the governor
in an effort to set at rest the right or
search disputes that have frequently
been IN evidence in Savannah.
WALKER OPINION SWEEPING.
The opinion Mr.. Walker gives is
sweeping. 1t covers the question In
great detail, and the attorney general
stated to The Journal that the same rul-
ing might be applied for the search OF
individuals as we'll as the search OF
homes and vehicles.
In other words, warrants would De
necessary for the seizure Of trunks or
suit cases.
In the event an oficer armed with
a criminal warrant forces his way into
a house to make an arrest he may seize
articles of evidence in the room where
the arrest is made. He cannot, how
ever. proceed further than that partic-
ular room.
Summarizing the main points, the at
torney general says in his opinion:
st cannot go to the 1ength or mold
ing legal in Georgia this incidental
right of search and seizure without a
search warrant. However important IT
might prove in any given case, our con-
stitution has declared in effect that the
protection from invasion in the guise OF
an unsupported search is of superior
Importance and with that sentiment I
am in hearty accord.
For the protection of society against
crime IL is necessary that an officer
armed with a criminal warrant shall
have the right to enter a house even by
force II necessary. to execute the war.
rant. II after such entry he find in
the rom where the arrest is made evil
dence of crime, he may, without doing
violence to the inhibitions of the con-
stitution, seize such articles as in his
judgement are Of evidentiary value and
retain the same for such purposes.
HOME HELD INVIOLATE.
Further than this he cannot go un-
der the law. The privacy of the home
must be held inviolate save under terms
fixed by the constitution"
mo man. private citizen or public Of
fetal. may legally subject to search the
house OF another until there's is executed
in legal form a solemn oath that there
is reasonable probability of discovering
crime-thus subjecting the afiiant TO
criminal prosecution for false swearing
as well as civil action for trespass. II
in the discretion Of the magistrate such
procedure is in good faith, he is au-
thorized to issue a warrant for the
search of any place for the discovery
OF any crime.
Il am convinced that opinions of
lawyers indicating that the operation