The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1927-06-30
RULING DEALS
DEATH BLOW
TO SHOPPERS
Supreme Court Holds That
Search Warrant Based
on Belief Is Invalid.
CRUSHER TO DRY ARMY
Case Appealed From Henry
Circuit Tribunal Must
Be Tried Over.

NAAbdhNQ ia SAA~
forcement of Indiana's drastic liquor
laws we're delivered death blow to-
day by the Supreme Court.
In a majority opinion, written
by Chief Justice Julius G. Travis, 1t
was held that search warrants In
liquor cases issued on affidavit based
only on belief, are not valid.
This means that all evidence OBJ
tanned under such search warrants
must be ruled out of court.
The particular case was that of
James Wallace against the State and
was appealed from the Henry Cir
cult Court. Appeal was based on
illegality of the warrant and de-
NAL of a motion to quash all ey.-
dence.
Case Must Be Retired
The warrant had been issued by
justice of peace upon affidavit Of
man who declared that he had
passed Wallace's house and smelled
liquor. A raid revealed a still, but
the case must be retired and all
evidence obtained by use Of the
search warrant quashed, the Su-
preme Court ruled.
Warrants based only on belief ar
without probable cause, the couI
held. The decision also points OF
that magistrates should exerciW
judicial powers" In the issuing o
search warrants and not merely acvf'
in ministerial capacity.
Quoting from Justice Bradley OF
the Federal Supreme Court thu.
opinion continues:
Safeguard Innocent
1.-THE magistrate ought to ha
before him the oath of the rear
accuser, not trust to Judgment Of
others. 1t is possible that by exer-
cising this degree of caution some
guilty persons may escape public
prosecution, but 1t is better that
some guilty ones escape than that
many innocent persons be subjected
to the expense and disgrace attend
ant upon being arrested o ma crim-
inal charge"
Judges approving the decision
were Travis, David A. Myers and
Benjamin M. Willoughby.
A dissenting opinion was written
by Judge Willard B. Gemmill and
concurred in by Judge Clarence r.
Martin. 1t held that liquor cases
were different from other searches,
in that the burden of proof regard
ing the warrants legality rested on
the State and that heretofore the
courts had ruled exactly opposite
from the present majority opin-
ion.
Called Legislative Matter
"This is a matter for legislation
and not court decision" the dis
senters said.
While the decision will have a
Statewide effect. 1t will make little
difference in Marion County. in the
opinion of Assistant Prosecutor
John Niblack.
Judge James A. Collins OF the
Marion Criminal Court long ago
ruled the belief is not probable
cause for search warrants" Niblack
declared. Validity of the wal
always is gone into before thd 81
denoe is admitted in court
Judge Fred McAllister Of M ~ 81.
ipal court two will accept no ~ +. N
rants issued under the .||
bone-dry' law, holding thai ga a &
warrants are unconstitutional Nnt
law says they shall be issued by
any mayor, justice of peace or other
magistrate. McAllister holds that
this is taking judicial powers away
from the one issuing the warrant"
Secretary E. S. Shumaker OF the
Indiana Anti-Saloon League refused
to comment on the decision. His
comments on the court in an an
nnual report caused him 70 be
cited for contempt by Attorney
General Arthur l.. Gilliom and the
case still is pending.