State v. Whalen
Supreme Judicial Court of Maine
On exceptions. These were search and seizure cases argued together in the law court, presenting the same question for decision, and relating to the validity of the warrants issued in the preliminary proceedings, by the police court for the city of Rockland, and, where the parties having been convicted, appealed to this court.
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On exceptions. These were search and seizure cases argued together in the law court, presenting the same question for decision, and relating to the validity of the warrants issued in the preliminary proceedings, by the police court for the city of Rockland, and, where the parties having been convicted, appealed to this court. In the first case the defendants after verdict moved in arrest of judgment, and in the second case demurred to the complaint and warrants; both upon the ground of defective warrants as stated in the opinion. The court overruled the motions and demurrer and the defendants…
1Opinion of the Court
Foster, «T.
Search and seizure process. The warrant, by reference to the complaint, commanded the officer to search the saloon, dwelling-house, out-buildings, and the appurtenances thereof, occupied by the respondents.
Eevised Statutes, c. 27, § 43, provides that "No warrant shall be issued to search a dwelling-house, occupied as such, unless it, or some part of it, is used as an inn or shop, or for purposes of traffic, or unless the magistrate before whom the complaint is made, is satisfied by evidence presented to him, and so alleges in said warrant, that intoxicating liquor is kept in such…
2Cited by4 opinions
- Murby v. United StatesCourt of Appeals for the First Circuit · 1923
- Denton v. StateCourt of Criminal Appeals of Oklahoma · 1937
- State v. Certain Contraceptive MaterialsSupreme Court of Connecticut · 1940
- State v. Spirituous LiquorsSupreme Court of New Hampshire · 1894