The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1930-12-29
RULES RAIDERS
DRY WARRANTS
ARE ILLEGAL
Provision in Bone Dry Law
Held Unconstitutional
by Collins.
FINDING TO FREE TWO
Takes From Courts Right
to Use Discretion
Judge Declares.

1li6 WIlbIlJ DOIlb DIy law pIU-
sion that private property may be
searched on a warrant issued under
an affidavit of information and be-
lief" was held unconstitutional to-
day by Criminal Judge James A.
Collins.
In a written opinion on case in
which a man and woman we're
charged with the unlawful possess
sion of still, Collins held that the
1925 dry law is faulty because it
takes from the courts the right to
use discretion in issuing warrants.
The ruling paved the way. for
freeing Mr.. and Mrs. Minnie and
Mike Krist, notorious for their boot
leg activities over a period of year,
Of charges in an indictment re-
turned against them by the Marion
county grand jury almost a year
ago.
Escaped During Raid
The arrest by police squad Jan.
Is, 1880, was made under a search
warrant issued without a proper
hearing and for the sole purpose
Of obtaining evidence to cause the
arrest of the defendarts-all in
violation of his constitutional
rights"
Raiding the Krist home, a police
squad found a 100gallon still,
twenty gallons of corn whisky, thir-
teen fifty-gallon barrels of corn
mash. thirteen empty barrels, eleven
pounds of yeast, 100 pounds of corn
sugar and variety of equipment
used in the distilling of liquor.
During the raid, Krist, Bull
garian, escaped from the home and
vas not apprehended until almost
a month later. Police held his wife
until he was caught.
Ruling May Be Appealed
Motion to quash the indictment
because of the alleged faulty search
warrant was filed by Earl Cox, at
torney, last July after the man and
woman were arraigned and had
pleaded not guilty.
Deputy Prosecutor William r.
Ringer, in charge of the case, had
not decided at noon whether the
ruling would be appealed to the
supreme court. Final hearing on
the case will be held before Collins
at 2 Tuesday, after which Ringer
said future moves will be de-
termined.
DR.. c. Fl. Winders, head of the
Indiana Anti-Saloon League, said
a statement of the organizations
reception of the ruling will be made
sometime this week.
Collins. in his opinion. sustained
the motion.
Invasion of Rights
Citing the search and seizure"
section of the Wright law, Collins
ruled that the search of the Krist
home was made on a warrant is
sued upon an affidavit which in this
case was illegal and the search Of
the defendants home under the
pretended authority of such war
rant was an invasion of his con-
stitUtional rights"
Since the adoption of the eight
eenth amendment and the enact
ment of state legislation to enforce
prohibition, many attempts have
been made to place q new construc-
ton upon this fundamental law
However, the trend of recent deci-
ions of many of our highest courts
uoholds the amendment as a guar
gntee OF the rights of the fndividu-
Il citizen" the decision reads.
Quotes From Authority
Collins quoted from Henry Camp
hell Black, an authority on the fed
eral Constitution, as follows:
Nor is the warrant ever allowed
10 be used as the means of obtain
ing evidence against a person &C
cused of crime.
-. it has always been the
understanding of the American peo-
pie that this process could not be
employed as a means of gaining &C
cess to mans house or his letters
for the sole purpose of gaining evil
dence to be used against him in a
criminal of penal proceeding"
Backing his ruling with decisions
of other authorities, Collins cited
the supreme court of Oklahoma in
an opinion on the use of discreation
by courts asked to issue search war
rant.
Cites Two Supreme Courts
The citation follows:
This necessarily makes the is
suance of a warrant of arrest ju-
dicial act to be exercised by an
officer. who is clothed by law with
the power and authority to de-
termine whether or not the warrant
should be issued, and this discre-
ton must rest upon facts verified
by oath and affirmation.
THE question of reasonable belief
that an offense has been committed
is addressed alone TO the judg-
ment of such officers, and their de-
termination can not, by statute. be
vested in the person who verifies
the fact from which these opinions
are drawn"
Collins also quoted the Indiana
supreme court, which passed recent
" upon the same question. 1t fol-
lows:
The consensus Of judicial opinion
/. Is that a search warrant is
sued upon az affidavit of mere be-
lief or on information and belief.
IS sufficient upon which TO base e
finding Of probable cause. and its
issuance under such circumstances
would Be without warrant Of the
law