State v. Duane
Supreme Judicial Court of Maine
On exceptions by defendant. Under the provisions of section 49 of chapter 29 of the Revised Statutes, on a complaint made by W.. R. Walter, a Lincoln County trial justice, issued a search and seizure warrant commanding the officer to search the premises therein designated, for intoxicating liquors alleged to be kept therein and intended for unlawful sale by the defendant, Duane, and, if any such liquors were found, to seize the same and arrest the defendant.
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On exceptions by defendant. Under the provisions of section 49 of chapter 29 of the Revised Statutes, on a complaint made by W.. R. Walter, a Lincoln County trial justice, issued a search and seizure warrant commanding the officer to search the premises therein designated, for intoxicating liquors alleged to be kept therein and intended for unlawful sale by the defendant, Duane, and, if any such liquors were found, to seize the same and arrest the defendant. The officer made search, as commanded, found certain intoxicating liquors, arrested the defendant and brought him before the trial…
1Opinion of the CourtEmery, J.
The use of what were known as “general warrants” for search had become so oppressive under royal authority the people of Maine, in common with those of other states, undertook to safeguard themselves against them by the constitutional provision that “ no warrant to search any place, or seize any person or thing, shall issue without a special designation of the place to be searched.” Const, of Maine, Art. I, sec. ñ. B. S., c. 133, sec. 14. In the warrant in-this case the “special designation of the place to be searched” is as follows: “A certain building and its appurtenances thereunto…
2Cited by7 opinions
- Giles v. United StatesCourt of Appeals for the First Circuit · 1922
- Thompson v. StateIndiana Supreme Court · 1926
- Brown v. StateIndiana Supreme Court · 1959
- State v. SamsonSupreme Judicial Court of Maine · 2007
- Hess v. StateIndiana Supreme Court · 1926
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