The evening world. [volume] (New York, N.Y.) 1887-1931, 1921-06-28
HYLAN TELLS ENR|GHT POLICE
MUST STOP BOOZE SEARCHING
UNLESS THEY HAVE WARRANTS
Homes, Automobiles, Valises
and Even Hips Must Not
Be Inspected.
LEGAL ADVICE GIVEN.
No Right to Invade Premise;
Without Writ Issued on
Verified Complaint.

Mayor Hylan to-day notified Police
Commissioner Enright that police in
quest OF liquor violations must not
search premises or persons or their
bags or effects, or automobiles with
out a search warrant" The Mayors
letter was based on an opinion from
Corporation Counsel o'Bricu pre-
pared at his request.
Mayor Hylan's request to Corpora
ton Counsel OBrien was accompan-
led by a complaint made to him by
John C. Walworth. President Of the
Bronx Chamber OF. Commerce. who
had been stopped by a policeman on
Z public street and requested :" re-
veal the contents of satckel he was
carrying. After referring to the stat
utory provision in this state for the
enforcement of the Eighteenth
Amendment to the Federal Constitu-
ton. Corporation Counsel O'Brlen
cited three instances wherein police
officers have a right to make an ar
rest without a warrant. They are as
follows:
For a crime committed or at
tempted in his presence.
When a person arrested has
committed a felony,
When a felony has in fact been
committed and there is reason
able cause for believing that the
person arrested committed it,
"The Attorney General" Corpora
ton Counsel O'Brien continued. "re-
Gently rendered an opinion that
peace officers have no right to stop
and search automobiles or other con-
veyances for the purpose of discov-
ering violations of the prohibition en-
forcement statutes, and ] am con-
vinced that the Attorney General was
correct in his conclusion"
Mr. O'Brien quoted sections of Grim
inal Procedure which provides for the
issuance OF a warrant for the search
for and seizure OF liquors kept in vio-
lation Of the penal law" but empha-
sized the fact that tho warrant
should issue only upon a verified
complaint setting forth facts which
show grounds for belief that intoxi-
eating liquor 10 kept or that there Is
probable cause for believing that such
liquor 10 illegally IN ones possession. 4"
Tho Corporation Counsel says the
complaint must state tho name OF tho
person 80 keeping, storing or deposit
Ing such liquor, and tho name OF tho
owner OF tho promises where such
liquor is 10 stored, kept or deposited,
II known To tho complainant, togothor
with description OF tho premises
sufficient TO Identify the same"
Mr.. O'Iirlen holds that tho provi-
siona OF tho State law against un-
reasonable searches and seizures are
found In tho Civil Rights Law and
tho Code OF Criminal Procedure. Tho
former, no says, provides that tho
right OF tho p6Opio to ha secure In
their persons, houses, papers and ef-
fects against unreasonable searches
and se.zurea ought not to be viola ted
and na warrants can issue but upon
probable cause supported by oath or
affirmation, and particularly deserib-
ing tho place to he searched and the
persons or things to be seized"
The Code of Criminal Procedure,
Hr, o'Rrien holds, provides that a
search warrant can only he issued
upon probable cause supparted by
affidavits describing the person and
property 10 be searched, and that the
sta tutes have not been repealed rr
Juperceded by the Prohibition En-
forcement Act OF 1891 Consequently,
he holds, It may be safely assumed
that the Legislature in eRacting pro
hihitian enforcement had IN contem
piatian all requirements sf the Civ
Rights Law and the Code Of Crimins
Preeedure. ...,