State v. Spirituous Liquors
Supreme Court of New Hampshire
Libel, filed March 13, 1894, for the forfeiture of spirituous liquors. Pacts agreed. The liquors were on March 2, 1894, owned and unlawfully kept for sale in the building and place named in the libel, by one James M. Collins, who appears as claimant.
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Libel, filed March 13, 1894, for the forfeiture of spirituous liquors. Pacts agreed. The liquors were on March 2, 1894, owned and unlawfully kept for sale in the building and place named in the libel, by one James M. Collins, who appears as claimant. On that day a deputy sheriff entered and searched the premises, and seized the liquor under and by virtue of a complaint and search warrant which charged that Collins was a common seller of spirituous liquor, but contained no allegation that the liquor was kept for sale in violation of law.
1Opinion of the CourtWallace, J.
“Every subject hath a right to be secure from all unreasonable searches and seizures of his person, his houses, his papers, and all his possessions. Therefore, all warrants to search suspected places or arrest a person for examination or trial, in prosecutions for criminal matters, are contrary to this right, if the cause or foundation of them be not previously supported by oath or affirmation, and if the order, in a warrant to a civil officer, to make search in suspected places or to arrest one or more suspected persons or to seize their property, be not accompanied with a special…
2Cases cited5 opinions
- Commonwealth v. Certain Intoxicating LiquorsMassachusetts Supreme Judicial Court · 1867
- State v. WhalenSupreme Judicial Court of Maine · 1893
- McGlinchy v. BarrowsSupreme Judicial Court of Maine · 1856
- State v. RoachSupreme Judicial Court of Maine · 1883
- State v. TherrienSupreme Judicial Court of Maine · 1894
3Cited by4 opinions
- Murby v. United StatesCourt of Appeals for the First Circuit · 1923
- Denton v. StateCourt of Criminal Appeals of Oklahoma · 1937
- Park v. United StatesCourt of Appeals for the First Circuit · 1924
- State v. Spirituous LiquorsSupreme Court of New Hampshire · 1909