San Antonio light. [volume] (San Antonio, Tex.) 1911-1993, 1924-04-24
WILL REQUIRE
LEGAL SEARCH
IN DRY CASES
Government No Longer to
Accept Cases Where
Search Illegal.
RULING BY HAYNES
Said to Affect Activities
Of Rangers in San
Antonio.
RULING BY HAYNES

Liquor cases made by state rangers
in which evidence is procured by il.
legal search of private residences will
not hereafter be accepted by federal
prohibition agents for prosecution in
United States courts pursuant 10 in
structions issued by State Enforce
ment Director Frank Cole with the
approval of Commissioner Haynes. A
copy of letter containing these in
etructions has been received by Unit
ed States District Attorney John d.
Hartman.
Illegal search of a private residence
constitutes a violation of both the ma
tional prohibition act and the Dean
law, the commissioner informed the
state director. after his attention had
been called to the fact that state of
ficers were conducting illegal searches
and then turning the evidence over TO
federal agents for prosecution in Unit
ed States courts. The commissioner
stated. that in his opinion. the cases
should hereafter be handled in state
courts. II evidence is legally obtained
By state officers it will be acceptable
to federal agents.
Settles Important Question.
Issuance of this order by the high
prohibition officials has done away
with a paradoxial situation that has
been existing in San Antonio. BY rea-
son Of an Interpretation of the law BY
higher courts. Texas rangers have been
enabled to prosecute liquor cases in
the federal courts that would have
been thrown out on the grounds of il
legal search If a federal officer had
been involved in making the case. The
courts based their decision on the
theory that the federal agents legally
procure the evidence from the state
officers and that it was not within
the power of a, federal court to inquire
into the activities of state officer.
The attitude of the prohibition COM
missioner in regard to the observance
of all laws. including those governing
the right of search and seizure as well
as the liquor laws, was expressed in
a communication to Frank Cole and
which was quoted in part in the state
directors communication to the dis
trict attorneys office here, as fol.
lows:
Must Allege Sale.
"Section % of the National Prohi-
bition Act" Commissioner Haynes
wrote. "provides that no search war
rant shall issue to search any private
dwelling occupied as such unless il
is being used for the unlawful sale
Of Intoxicating liquor or unless it il
in part used as store, shop, saloon
etc." Ee
Then the commissioner cited thu
liquor laws Of Texas as follows:
"Section IS of the Dean law as
amended in 1921. states in part:
No warrant shall be issued to
search a private dwelling occupied as
such unless some part of it is used as
a store. shop--or for some purpose
other than a private residence or I'M
less the affidavits Of two credible per-
sons show that such residence is a
place where intoxicating liquor Is
sold. manufacturer
1T would therefore appear that
cases Of this character are not made
in compliance with the state or fed
eral law and for this reason successful
prosecution would not lie"
The copy received for the informa-
ton of the United States district at
torney was Of letter addressed to
Grouphead J. III. Mckay. in charge
of the San Antonio prohibition en-.