Fitzgerald leader enterprise and press. (Fitzgerald, Ben Hill County, Ga.) 1921-1964, 1923-02-22
Judge Barrett
Puts Crimp In
Prohi-Enforcement
South Georgia Jurist Does Not
Only Bar Ruthless Search, But
Sees Perjury Liability in War
rants.


Saturday as a result of Federal Judge
William H. Barrett's decision in Sa-
vannah Friday denying to federal or
other prohibition agents the right to
stop and search automobiles on pub
lie highway without search warrant.
Prohibition Director Fred D. Dis
nuke said he would reserve formal
comment until he had received a
full copy of Judge Barrett's deci-
sion and had gone into it in detail.
He admitted, however, that "if the
newspaper accounts are accurate his
men are decidedly "out of luck" when
it comes to the search of automobiles
in the southern district of Georgia
Judge Barretts jurisdiction.
Judge Barrett held, according to
news dispatches, that federal prohibi-
ton agnets have no right to stop and
search an automobile for liquor unless
they have a duly sworn-out search war
rant, authorizing them to do so.
Perjury Liability.
He also held that the person who
sWears to such warrant lays him
self liable to prosecution for perjury
by the accused if it is found that the
affidavit on which the warrant was is
sued was based on fiction"
Mr.. Dismuke pointed to decision
by Judge Samuel H. Sibley, of the Unit
ed States court for the northern dis
trict of Georgia, in which Judge Sib-
ley held that "if an officer, of his own
knowledge, has facts that establish
probable cause for the officer to believe
that a crime is being committed in his
presence, he may arrest the driver OF
the automobile and seorch it without
warrant
81 guess we will just have to let
the liquor haulers come on through
in the southern district if the news
paper accounts of Judge Barretts
decision are correct" Mr.. Dismuke
said. Il want to reserve comment
until l read it in detail
"In the northern district, however,
we have Judge Sibley's decision, in
which we only have to establish rea-
'sonable cause for belief that whisky
is being transported to search an auto
mobile. If we smell whisky in the car,
or see it being loaded, or recognize
the driver as a well-known liquor haul
er, all these constitute reasonable caus-
es for search.
1--we knew an automobile contain
ed whisky, however, if we saw it load
ed in and saw it being transported we
could not stop the car and search unless
we took the time to secure a search
warrant under Judge Barretts decision
as reported in the newspapers. If it was
like that it will certainly make it de-
lidedly difficult to stop the transpor-
tation of liquor, if not impossible al
together"
Savannah, Ga.-Judge William H.
Barrett, of the federal court, today rem
dered an important decision in a num-
Der of prohibition cases, that will act
as guide and retard to the prosecu-
ton of violators of the dry law in the
southern district of eorgia in the future
The decision followed discussion of
the findings of either federal courts up
on prohibition questions and after an
argument lasting several hours on
the part of attorneys representing
various defendants. Judge Barrett took
all the questions raised under advise
ment and rendered his decision in the
general opinion handed down today.
The court holds that search war
rant must be full and CONFLICT 1t
must contain the name or description
of the person whose premises are to
be searched and state the particular
ground for action. 1t should direct
that it be served in the daytime, I'M
lCSo llIC dllludNlto dlC positive 'llC
property is on the person in the place
to be searched, in which case the war
rant may contain directions that it
may be served day or night. Officers
must give receipts for property thus
found. The warrant should contain
the names of those whose affidavits
has been taken in support of it. If
the sworn accusation is based on ic-
ton, the accuser must take the chan
ces of punishment for perjury, is the
courts conclusion. While this requir-
ment may deter or impair the useful
ness of witnesses, the decree holds
that mandate of passage, so clear can
not be rejected.
There will be no search of private
property unless such residence is us
ed for the sale of liquor. Property
seized by officers need not be re-
turned if the possession shall consti-
tute a crime The court holds
that officers have no right to search
suit cases and automobiles without
warrants, and the enforcement of a
law by the impairment of rights may
be too costly" 1t is held illegal to
jeopardize lives by firing at fleeing
automobiles, because "a fleeing auto
mobile may be defiance of law, but
badly aimed shot may be murder
and fundamental rights must not de-
| pend upon the VARYING characteristics