The American issue. [volume] (Westerville, Ohio) 1912-19??, 1920-03-12
Ruling on Warrants
81 Encourages ViolatOrs
District Attorney Reverses Original
Position

has authority to enter any home or
place of business unless armed with a
warrant or other justifying legal
writ" The news article containing
the above statement said that Clyne
acted on orders from Washington.
On March lst the Chicago Ameri
can printed a Washington dispatch
containing this paragraph:
Hereafter there arc to be no raids
unless properly drawn warrants have
been issued by courts for suspected
individuals"
On March 9th the Chicago Evening
Post reported that United States
Commissioner Foote dismissed cases
against two men ruling that the evil
dence against them had been illegally
obtained. The defendants made aft
davits before Judge Carpenter stat
ing that revenue men had forced their
way into their homes and taken the
liquor without a warrant District
Attorney Clyne then, according to
tiC ostt unCNACQ SOliiihiSsiohNi
Foote to dismiss the cases when they
came up for preliminary hearing.
The news article then quotes the dis
trict attorney as follows:
Says Warrants Needed
1--WE have received numerous COM
plants" said Mr.. Clyne, from citi-
zens whose residences or places of
business have been entered by rev.
enue men without warrants. The
government does not propose to
prosecute any cases i'll which it is
shown that the evidence has been inn
properly obtained. Just because an
officer suspects a citizen of having
liquor on his premises does not justify
him in making raid. Such tactics
violate the principles of the United
States Constitution. In no case may
a mans home or place of business be
entered by government agents with
out warrant"
The Chicago Tribune on March 9th
reporting the dismissal OF the cases
mentioned above quotes District At
torney Clyne as follows:
Even in investigating saloons the
belief that liquor is concealed in the
place is not sufficient reason for max
ing search without first taking out
a warrant. Every case OF this kind
where evidence has been improperly
collected by dry agents will be dis
missed
Editorials Too Late
On March 9Th the Chicago Journal
and the Chicago Post each contaiped
editorials supporting the stand of Mr..
Clyne on the question OF Selling liq-
uor or making arrests without war
rant. On this same day the Post
carried news item stating that Mr..
Clyne had reversed his stand on this
question. This item reads:
Search warrants are not necessary
in the arrest of saloonkeepers who
are suspected of keeping stocks of
forbidden liquors in their places of
business, according to District Attor-
ney Clyne, although warrants are
necessary when the Prohibition Off
GERS enter private homes.
Reinterpreting the law in the mat
ter, Mr.. Clyne said that Federal
Judge Carpenter had ordered an in
vestigation of affidavits filed by three
saloonkeepers who claimed that their
places of business had been raided
by agents of Major A. V. Dalrymple,
and that these officers acted without
search warrants. The men were dis
missed because of the affidavits, and
1t was believed that warrants would
always be needed.
Should Correct Impression
Because of the prominence given |
the question of whether or not war
rants are necessary to make searches, |
seizures, and arrests, the records of
the district attorneys Office as re-
ported by the newspapers is given
herewith:
Major Dalrymple has taken the |
stand that places of business may be
entered and searched without war
rant. In this he is backed up by the
law. 1t seems that the district attor-
ney discovered the correct interprc-
tation OF the law only after the news
papers had given a great deal of pub
licity to the erroneous Interpretation,
This mistake by the district attorney
and the newspapers in both their
news and editorial columns has en-
barrassed enforcement officials and !
aroused an unjust prejudice against
them The least that the newspapers
and the district attorney can justly !
do is to give equal publicity to the
correct Interpretation of the law and
use their influence to secure the sup
port OF public opinion of law enforce
ment.
~NnrS ory-@rrDo