New Britain herald., 1922-12-21
US. JUDGE RETURNS LIQUOR ID OWNERS Four Warrants Invalid in New
 Haven District Court MUST PROVE CASE FIRST
Complaining Witnesses Must Make Afridavits Setting Forth Facts Be- for Search Writ is Issued, Accord ing to Judge Thomas Ruling.

New Haven, Dec. 21.-Judge Edwin s. Thomas of the U. s. District court today declared invalid four specific search warrants which had been is- sued and used in the seizure of quan- titles of alleged alcoholic liquors and ordered that the seized goods be re- turned to their original owners. The grounds on which the opinion was based were that the search warrants violated the fourth and fifth amend ments to the United States constitu- tion in that the applications were not granted on basis of known facts but were granted upon the stated belief of federal agents from information. It is understood that this opinion will bear upon a large number of seizures of liquors.
 Arrested Early in Fall.
 The opinion was given in the cases of four men who early in the fall were charged with violation of the prohibition law A motion was made for these men on return of seized property on the ground that the search warrants had been illegally issued, and that the facts were not as set forth by the officer who made the affidavit
 Juge Thomas in his opinion re- ferred to provisions made by congress for the issuance of search warrants. He said that search warrant can not be issued except upon probable cause. supported by affidavits naming or describing the person and particu- larly describing the property or place to be searched.
 Courts Opinion.
 The judge or commission, the opinion states, must before issuing a warrant examine on oath the com- plaint and any witness he may pro- duce and require their affidavits or take their dispositions in writing and cause them to be subscribed by the parties taking them.
 '.The affidavits or dispositions must set forth the facts tending to estab- fish the grounds of the application for probable cause for believing that they exist.
 "The setting forth of the facts is necessary and indispensable pre- sreanissta. to the issuance of q search warrant.
 Tt Is impossible to escape the con- clusion that the search warrants here under discussion were invalid and that all acts done by the officers executing the warrants were invalid and the petition in each instance must be granted and the property seized must be returned to the petitioner"
 When the cases were before the court, U. s. Commissioner Lynch con tended that the search warrants were valid and that it would be practically impossible for a prohibition agent to know whether or not liquor was be- ing made, kept or sold in a place ex- cept on the information of others.
 Point of Objection.
 The point to which objection was mare in the issuance of the search warrants was that no facts were set forth in the application which was granted upon the statement that the complainant verify believes upon in formation and therefore ayers that the case merited search warrant.
 The fourth amendment which Judge Thomas says has been violated in the issuance of warrants gives the people the right to be secure against unreasonable searches and seizures and provides that no warrants shall be issued except on oath with 8 de- scription of the person and place to be searched, while the fifth amend ment provides that no person shall be compelled to act as witness against himself.