Purkey v. Maby
Idaho Supreme Court
APPEAL from the District Court of the Fifth Judicial District, for Bannock County. Hon. Eobert M. Terrell, Judge. Action for damages for assault. 'Judgment for defendant. Our constitution provides in relation to searches and seizures: “And no warrant shall issue without probable cause, shown by affidavit particularly describing the place to be searched, the person or thing to be seized.”
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APPEAL from the District Court of the Fifth Judicial District, for Bannock County. Hon. Eobert M. Terrell, Judge. Action for damages for assault. 'Judgment for defendant. Our constitution provides in relation to searches and seizures: “And no warrant shall issue without probable cause, shown by affidavit particularly describing the place to be searched, the person or thing to be seized.” (Art. 1, sec. 17.) “The law knows of no such warrant as one to arrest suspected persons without naming them, without any complaint against any person, leaving it to the officer to suspect whom he pleases, or…
1Opinion of the CourtRice, J.
This is an action for damages for assault alleged to have been committed upon the person of appellant. Upon the trial respondent attempted to justify upon the grounds that he was an officer of the law and was acting under the authority of a search-warrant duly issued by a court of competent jurisdiction. The search-warrant was issued to respondent as sheriff of Bannock county, requiring him as such officer to search the Bank Cigar-store in the city of Pocatello for intoxicating liquors. *283It was issued under C. S., sec. 2637, formerly chap. 15, see. 8, p. 34, 1911 Sess. Laws. The appellant was…
Also in this document: Concurrence.
2Cases cited4 opinions
- People v. MarxhausenMichigan Supreme Court · 1919
- Newberry v. CarpenterMichigan Supreme Court · 1895
- Newberry v. Circuit JudgeMichigan Supreme Court · 1895
- Owens v. WaySupreme Court of Georgia · 1914
3Cited by30 opinions
- Commonwealth v. PlatouSupreme Court of Pennsylvania · 1973
- State v. De SimoneSupreme Court of New Jersey · 1972
- Commonwealth v. SmithMassachusetts Supreme Judicial Court · 1976
- Salmon v. StateCourt of Special Appeals of Maryland · 1967
- Hampton v. StateTennessee Supreme Court · 1923
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