The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1925-10-14
Auto Anuasion Halted By Supreme Court
State Highest Tribunal
Holds Officer Must Have
Grounds to Believe Liquor
Is Being Carried Before
Searching.

Under the State Constitution
no officer can lawfully search an
automobile on mere suspicion
that it carries Intoxicating
liquor.
This was the ruling of the State
Supreme Court today when 1t re-
versed the judgment of the Delaware
Circuit Court, where Jesse Eiler,
Muncie, was convicted on a charge
of transporting liquor.
Eiler was arrested April Z, 1923,
while riding in an automobile with
his wife on a country road in Della
ware County. Authorities who made
the arrerst said they found two
quart fruit jars of liquor under the
back seat.
No evidence was given which
might prove that the officers had a
search Warrant, cor that they knew
facts from which they believed and
had reason to believe that an auto
mobile containing intoxicating liquor
was being driven along that road"
the higher courts opinion declared.
Authority Depends
1.-The authority of a peace officer,
without a warrant, to arrest a per-
son engaged in actual commission OF
a felony, and to search him and
his vehicle for articles recently or
at the time being used in it's COM
mission, the opinion declared, de
pends upon whether the officer has
reasonable and probable cause to
believe and act on the belief that
felony is benig or his been commit
tel by such persons or by means OF
articles that are in the vehicle or on
the person searched"
The opinion stated that the courts
have held that information from "a
credible source together with the
facts known or observed by the Of
ficers indicating that the informa-
ton is correct, may constitute such
reasonable and probable cause as
will justify searching an automobile
for intoxicating liquor without a
warrant.
Must Have Belief
But an officer who has not
learned through the exercise of his
senses of sight, smell, hearing, etc,
or from other reliable source Of in
formation, facts that would justify
a reasonable prudent person in be-
lieving and acting on the belief that
felony is being committed in his
presence, or has been committed, of
which evidence is contained in the
automobile, cannot lawfully search
car on mere suspicion that it car
ries intoxicating liquor, or as a part
of a plan to search all passing auto
mobiles to discover and apprehend
violators of the law" the opinion
stated.
"Such action constitutes an 'un-
reasonable search Of the person and
effects of the driver of the automo-
bile forbidden by the Constitution
Of the State of Indiana"
The opinion was written by JUS
tice Louis B. Ewbank and concurred
in by all the other Justices
"No Effect"
"The ruling will have no effect
upon the present enforcement of
liquor laws in Indiana" said the
Rev. Z. s. Shumaker, superintend-
ent Of the Indiana division of the
Anti-Saloon League.
DR.. Shumaker said a similar stand
has already been taken by the
United States Supreme Court.
"Officers occasionally do make mis-
takes in searching automobiles with
out evidence to satisfy prudent
man that drivers they arrest have
intoxicating liquor. These cases are
the exception, rather than the rule,
however" he stated.
Officers have pretty reliable infor-
nation about rum runners, accord
ing to the Rev. Shumaker.
Capt. William Paulsell, head of the
city booze squad, said city police
have not been searching automobiles
indiscriminately. officers search cars
only after having information the
owners are engaged in liquor trans.
portation or after the arrest of the
drivers on other charges.
He believed the ruling would have
little effect on police liquor law en-
forcement tactics. He said he would
confer with the prosecutors office