Richmond times-dispatch. [volume] (Richmond, Va.) 1914-current, 1918-03-05
BAGGAGE SEARCHING
is HELD TO Be ILLEGAL
Wholesale Examination OF Suit Cases
in Search for Liquor Is
Not Upheld.
JUDGE RICHARDSON'S OPINION
Warrant Must Describe, With Rca-
sonablc Certainty, the Thing for
Which Search Is to BE Made.
Agent ButtcrwortIi Is Acquitted.

Judge ID. q. Richardson. in ar opin-
ion handed Icwn In the IIustinrs Court
yesterday. held that justices OF tile
peace have M .cgal right to isSuc
search warrants for officers to enter
q house III quest OF lipuo-. The pro-
Eibiton law should DC enforced in the
proper way. che court herd. bur the
rights OF citizens must be protected
The case was that of p. s. t:u.terwDrth
tie railroad agent ut Elba Station. .rho
refused police officers admittance lie
was later arrested. charged with in
terferlng with officers in the discharge
OF their duty.
Eutterworth was acting on aJvicc
from counsel ot tho Richmond Fred
aricksburG and Potomac Railroad Com
pany. He was fined $40 in the Police
Court. from which the case was mp
pcalcd. The officers had obt,incd n
search Warrant. from justice Of the
peace Tor two suit cases supposed TO
contain .iquor. The case was argued
1T length last week and tal-n under
advisement by the court
Judge Eicha rdsons opinion Is aH OK
hau1:ive treatise of the case before
him. The following extracts arc he
most important:
MUST DESCRIBT! ARTICLE
FOR WHICH SEARCH IL MADE;
There is no rule of law better sat
tied thar that in search warrants the
thing for which search is to b. made
must be described with reasonable cor
tainty. There arc numerous decisions
to the effect that the officer or other
person must be enabled to identify the
thing sought by the description OF ii
in tho search warrant. In this ctsc.
the description is ardent spirits con.
ccaied in TWO suit cases In this case
the evidence shows there were 4 num-
her of suit cases IN the baggage room.
and rs these particular sui: cascy
NY, ~ IL
rant it would perhaps be necessary TO
open all the suit eases In the bagsagc-
room tn order to find the ardent epiri.s
concealed therein.
"T'or tAcsc reasons ] am OF the orin-
ion that the justice OF the peace did
not have lawful authority u issue a
search warrant under the facts IN this
cas-. that the complaint or the recital
thereof oy the Justice was insufficient
in this case upon which to base search
warrant. and that the description in
the warrant OF the thing for which
indefinite ard ms Efficient
AGENT RIrTER WORTH
ACQUITTED ny COURT
"It results, therefore, that this az
cuscd Is not guilty OF attempting to
tnt!mida;e cEd impede the officers In
tho lawful discharge of ,hc'r d,,-ics
and ] so fird ana discharge him from
custody.
"rhc enforcement Of the prohibition
law. which has been OF such great ten
eft 10 our State and rcopl" Is OF much
Importance. but II is OF moro import
:ncc TO preserve to our citizens the
rights and irimuni;ies guaranteed to
them by ou~ Constitution"
In another section OF his opinion. The
court held: Il cannot find any statute
which expressly authorizes the issuance
OF search warrant IN search, a house
Tor ardent spirits which tho complain
ant believes have been brought into
this state in violation OF law"
Judge Richardson held TIM. The
search warrant IN question contained
an insufficient" description