Legal Opinion

Beaty v. Perkins

New York Supreme Court

Decided January 15, 1831PublishedCited by 8 opinions

Error from the Washington common pleas. This was an action of trespass for entering the plaintiff’s house, by virtue of a search warrant, to search for stolen goods. The suit was originally brought in a justice’s court; the plaintiff declared in trespass for breaking and entering his house; the defendant pleaded the general issue, and gave notice of justification under a search warrant, issued by a justice of the peace.

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Error from the Washington common pleas. This was an action of trespass for entering the plaintiff’s house, by virtue of a search warrant, to search for stolen goods. The suit was originally brought in a justice’s court; the plaintiff declared in trespass for breaking and entering his house; the defendant pleaded the general issue, and gave notice of justification under a search warrant, issued by a justice of the peace. The plaintiff was nonsuited, and appealed to the common pleas. On the trial in that court, it appeared that the defendant had procured a search warrant to search the…

1Opinion of the Court

By the Court,

Savage, Ch. J.

The plaintiff insists that notwithstanding a search warrant may be a justification to the officer, although no stolen goods be found, yet it is not so, to the prosecutor, upon whose oath the warrant issued; and that if no goods are found upon search, trespass lies against him—and what was said by the court in Entick v. Carrington, 2 Wils. 291, is relied on. That case was an action of trespass, for breaking plaintiff’s house, and searching for papers by virtue of a warrant issued by Lord Halifax, secretary of state. The court decided that a secretary of state had no…

2Cited by8 opinions

  1. Duckworth v. JohnstonSupreme Court of Alabama · 1845
  2. Gelzenleuchter v. NiemeyerWisconsin Supreme Court · 1885
  3. Hallock v. . DominyNew York Court of Appeals · 1877
  4. Chipman v. BatesSupreme Court of Vermont · 1843
  5. Halliday v. NobleNew York Supreme Court · 1847

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