State ex rel. Bassetti v. Judge of the Second Recorder's Court
Supreme Court of Louisiana
In the case of Larthet vs. Forgay, 2 An., p. 254, this language appears: “ The court below charged the jury in substance, and, we think, correctly, that the breaking into and search of the plaintiff’s shop and dwelling were not authorized by the warrant. The search should have been confined to the cabaret, or, at most, to the premises of Marcel. Such warrants must be construed strictly.
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In the case of Larthet vs. Forgay, 2 An., p. 254, this language appears: “ The court below charged the jury in substance, and, we think, correctly, that the breaking into and search of the plaintiff’s shop and dwelling were not authorized by the warrant. The search should have been confined to the cabaret, or, at most, to the premises of Marcel. Such warrants must be construed strictly. The law regards the dwelling and the domestic repose of the citizen with too much jealousy to trust the place of execution, of such process to the discretion of police officers. So important is this subject…
1Opinion of the Court
The opinion of the court was delivered by
NichollSj O. J.
Relators aver that upon affidavits made before A. R. Moulin, Judge of the Second Recorder’s Court of the city of New Orleans, by Phil. Jacobs on “ information received,” warrants for their arrest issued, they being charged with violation of Act No. 10 of 1874.
*1095That in said affidavits a statement was made that a search warrant should issue to seize all books, papers, letters, etc., contained in the office of relators, at the corner of Customhouse and Dorsiere ■streets, in this city.
That no cause, probable or otherwise, was shown why a…
2Cited by5 opinions
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