In re Rankin
Nevada Supreme Court
Original proceeding. Application for writ of habeas corpus by Isaac Rankin. The search warrant was illegal. Such a warrant must .be based on probable cause and supported by affidavit. Rev. Laws, 7417. Nor was it valid under the prohibition act. Stats. 1919, p. 1, sec. - 9. Where affiant makes affidavit as to facts, they must be stated; mere belief is not sufficient. Lippman v. People, 175 111. 112. Where formalities are required, they must be strictly complied with.
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Original proceeding. Application for writ of habeas corpus by Isaac Rankin. The search warrant was illegal. Such a warrant must .be based on probable cause and supported by affidavit. Rev. Laws, 7417. Nor was it valid under the prohibition act. Stats. 1919, p. 1, sec. - 9. Where affiant makes affidavit as to facts, they must be stated; mere belief is not sufficient. Lippman v. People, 175 111. 112. Where formalities are required, they must be strictly complied with. Commonwealth v. Hinds, 145. Mass. 182; State v. Brennan, 25 Conn. 278. “To lay the foundation for a search warrant, the oath…
1Opinion of the Court
By the Court,
Sanders, C. J.:
The petitioner seeks his discharge upon habeas corpus. In brief, he shows the following facts:
The district attorney of Nye County filed an information against petitioner, charging him with having violated section 3, Stats. 1919, c. 1, p. 1, known as the “Initiative Prohibition Act.” Petitioner moved to quash said information, upon the ground that the warrant of commitment of the j ustice of the peace of Tonopah township was not founded upon legal or competent evidence, but upon evidence procured solely by and through an illegal blanket search warrant issued by the…
2Cases cited4 opinions
- In re Arascada for a Writ of Habeas CorpusNevada Supreme Court · 1920
- In re Zwissig for a Writ of Habeas CorpusNevada Supreme Court · 1919
- In re McGee for a Writ of Habeas CorpusNevada Supreme Court · 1920
- In re Cerfoglio for a Writ of Habeas CorpusNevada Supreme Court · 1921
3Cited by3 opinions
- State v. KuselWyoming Supreme Court · 1923
- State v. Chin GimNevada Supreme Court · 1924
- Whitley v. StateNevada Supreme Court · 1963