Legal Opinion

In re Lewis

District Court, D. Washington

Decided October 23, 1897PublishedCited by 21 opinions

The petitioners, being special employés of the treasury department of the United States, assisted in searching the premises of one Yee Gee, at Port Townsend, under a search warrant issued by a United States commissioner. At the time of the search, certain papers, supposed to contain incriminating evidence against Yee Gee, were seized.

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The petitioners, being special employés of the treasury department of the United States, assisted in searching the premises of one Yee Gee, at Port Townsend, under a search warrant issued by a United States commissioner. At the time of the search, certain papers, supposed to contain incriminating evidence against Yee Gee, were seized. Afterwards the petitioners were arrested on a charge of robbery, and upon a preliminary examination were committed on that charge in default of bail. The United States district attorney sued out a writ of habeas corpus in their behalf. Upon the facts appearing…

1Opinion of the Court

HANFORD, District Judge.

The motion in behalf of the respondents to remand will be denied, and I shall order that the petitioners be discharged from custody. In deciding this case, I do not’ mean to say that the warrant which Mr. Kiefer issued was a lawful warrant, nor that the proceedings under it were proper proceedings. I do not mean to say that the petitioners were lawfully discharging their official duties in what they did. In my opinion, the warrant itself was improvidently and erroneously issued, and the proceedings were all ill-advised, and conducted with bad judgment. But where an…

2Cited by21 opinions

  1. Petition of Lloyd Clifton for a Writ of Habeas Corpus v. Gene Cox, Sheriff of Humboldt County, CaliforniaCourt of Appeals for the Ninth Circuit · 1977
  2. Commonwealth of Kentucky v. Larry A. LongCourt of Appeals for the Sixth Circuit · 1988
  3. In Re McShane's PetitionDistrict Court, N.D. Mississippi · 1964
  4. United States v. PaynerDistrict Court, N.D. Ohio · 1977
  5. In re FairU.S. Circuit Court for the District of Nebraska · 1900

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