Peterson v. Cleaver

The constitutional provisions which safeguard the home against unreasonable searches and seizures are so well known that we need not quote therefrom. This court in harmony with those of other jurisdictions has held that an action for malicious prosecution may be maintained by one whose premises have been searched pursuant to a warrant obtained maliciously and without probable cause. Thus Chief Justice Burnett, speaking for this court in Nally v. Richmond, 105 Or. 462 (209 Pac. 871), said: “It is well supported by authority that to cause a search-warrant to be issued maliciously and without…