-
168 U.S. 532 Supreme Court December 13, 1897 No. 340
Green, (1832) 5 Car. & P. 312 ; Reg. v. Arnold, (1838) 8 Car. & P. 621.
Drew, (1837) 8 Car. & P. 140, and Reg. v. Harris, (1844) 1 Cox C.
Although these facts may not, when isolated each from the other, be sufficient to warrant the inference that an influence compelling a statement had been exerted, yet when taken as a whole, in conjunction with the nature of the communication
-
165 U.S. 58 Supreme Court January 18, 1897 Nos. 411, 412, and 413
it at any time, day or night, without a-warrant, for contraband liquors
in such place, a search warrant may be issued by a justice, judge or trial justice, or mayor or intendant of a city or town, to whom application is made, empowering a constable, or any person who may be deputized, to enter the said
The state constable, sheriff, municipal police or any lawful constable may enter any railroad car, or express car, or depot, or steamboat, or other vessel, without warrant and make search for such contraband liquors, and may examine
-
150 U.S. 637 Supreme Court December 18, 1893 No. 10 Original
The Circuit Court was of opinion that the act did not authorize &■ seizure ' without warrant.
S. 164 , and the position that a petty officer can take property from the possession of a court without permission and without warrant, “upon his own motion and without instructions from any other person,” as petitioner admits he did
But be that as it may, the sentence here was that the petitioner be imprisoned “until he returns to the custody of the receiver', the barrel taken by him from the warehouse without warrant of law.
-
163 U.S. 537 Supreme Court May 18, 1896 No. 210Cited by 756 Overruled
Justice Bradley, “to make it apply to every act of discrimination which a person may see. fit to make as to the guests he will entertain, or as to the people he will take into his coach or cab or car, or admit to his concert or theatre
But, when this great principle comes to be applied to the actual and various conditions of persons in society, it will not warrant the assertion, that men and women are legally clothed with the same civil and political powers, and
Laws forbidding the intermarriage of the two races may be said in a technical sense to interfere with the freedom of contract, and yet have been universally recognized as within the police power of the State. State v.
-
166 U.S. 698 Supreme Court April 26, 1897 No. 232
Wakefield, 133 Mass. 240 , the same statute was construed as authorizing any person to kill a dog which was licensed, but had no collar on, provided that he could do so without committing a trespass, although no warrant for the killing
That a State, in a bona fide exercise of its police power, may interfere with private property, and even order its destruction, is as well settled as any legislative power can be, which has for its objects the welfare and comfort of
No property is more sacred than *705 one's home, and yet a house may be pulled down or blown up by the public authorities, if necessary to avert or stay a general conflagration, and that, too, without recourse against such authorities
-
142 U.S. 547 Supreme Court January 11, 1892 No. 1026
the state police, forming the subject of inquiry by such committee; on the ground that the answer-to such question or the production of such paper may criminate or tend to criminate himself, or to disgrace him, or otherwise render
Have you ever paid any money to any state constable, and do you know of any corrupt practice or improper conduct of the state police ?
and seizure — and an unreasonable search and seizure — within the meaning 'of the Fourth Amendment.
-
173 U.S. 285 Supreme Court February 20, 1899 No. 95
The trains running eastwardly on the same day through West Cleveland were a limited express train having one baggage and express car and three sleepers from Chicago to New York; a train having'one baggage and express car, three pas
It may be that such legislation is not within the “police power” of a State, as those words have been sometimes, although inaccurately, used.
and put down without.
-
37 N.E. 593 Indiana Supreme Court May 29, 1894 No. 16,742
The appellees had caused a search warrant to be issued, under authority of which the home of appellant was entered and searched' for a butt of tobacco, claimed by appellees to have been stolen by appellant from a car of the .appellee
Sheets, 67 Ind. 375 , it was said, quoting from Wharton’s Criminal Law, section 2942, that one who maliciously and without probable cause procures a search warrant to be issued, will be liable, as for a malicious prosecution.
Filed May 29, 1894.
-
27 N.E. 1085 Illinois Supreme Court June 15, 1891
and acting as a ■detective, and without authority from any one, and having no search warrant, went to the rooms occupied by Brown and by •Gindrat and his wife, at the corner of Washington and May streets, and searched everything in
Said section 6 does not prohibit all searches and seizures, but only such as are “unreasonable, ” and the plain implication therefrom is, that a search-warrant may issue if it is for a reasonable search and seizure, and is based upon
And it further appears that the indictment and trial were in the municipal court, and that the search warrant had been issued from a police court..
-
51 N.E. 872 Illinois Supreme Court October 24, 1898
It attempts to place at their disposal the extraordinary right of the search warrant, by which they may arm a constable or other officer with process to intrude upon the premises or the home of any citizen to recover their bottles,
him, her or them before the justice of the peace or police magistrate who issued such warrant,” etc.
The search warrant appears to be intended as a means of collecting evidence.
-
153 U.S. 78 Supreme Court April 16, 1894 No. 258
; and that “ the warrant being defective and void on its face; the officer had no right to arrest the person on whom he attempted to serve it; he acted without warrant, and was a trespasser; the defendant whom he sought to arrest had
By the constitution of Texas, art. 1, sec. 9, “ no warrant to search any place or to seize any person or thing shall issue, without describing them as near as may be, nor without probable cause, supported by oath or affirmation.”
must, specify the name of the defendant, and, if it be unknown to the magistrate, may designate him by any name;” and in none of those cases was any notice taken of opposing prece *88 dents or constitutional injunction.
-
104 Ala. 160 Supreme Court of Alabama November 15, 1893
The arrest, imprisonment and search were without warrant; without any reason to believe that the defendants, or either of them, had committed, or intended the commission of, any offense against the law of this State.
As a general rule, at common law an arrest could not be made without warrant.
Whether an officer, having authority to make arrests, may not, without warrant, arrest a person in this Staté whom he has reasonable cause to believe has committed a felony in another State, and to have fled therefrom, is a question
-
44 S.W. 1059 Texas Supreme Court March 21, 1898 No. 639.
Joe Shely, an officer of the city of San Antonio, arrested James Irvine without a warrant and confined him nearly twenty-four hours in the city prison.
Irvine and take him to the city jail and confine him there, without a warrant and without any complaint against him.
It may have been his construction of the statutes and charter authorizing the city officers to arrest without warrant in certain cases. The existence and contents of the ordinance were facts to be established by proof.
-
28 L.R.A. 688 Court of Appeals of Maryland March 26, 1895
Under the undisputed proof that arrest was made without a warrant having been first procured.
Corbishly, 5 El. & Bl. 188; and in cases of felony he may arrest upon information, without warrant, where he has reasonable cause. Rex v. Birnie, 1 Moody & R. 160; Rohan v. Sawin, 5 Cush. 281 .
But if a felony or a breach of the peace has in fact been committed by the person arrested, the arrest may be justified, by any person, without warrant, whether there was time to procure a warrant or not; but if an innocent person
-
163 U.S. 299 Supreme Court May 18, 1896 No. 150
The public welfare is promoted without wrong or injury to the company.
Lor, while it may be a police power in the sense that all provisions for the health, comfort and security of the citizens are police regulations, and an exercise of the police power, it has been said more than once in this court that
Legislation, in a variety of ways, may affect commerce and persons engaged in it without constituting a regulation of it within the meaning of the Constitution.”
-
30 N.E. 1001 New York Court of Appeals May 3, 1892
He then sent for a police officer, to whom he pointed out the men, who were then on the station platform. The bill was subsequently pronounced to be genuine and the man was discharged.
He placed his hand upon her and told her not to stir until he had procured a policeman to arrest and to search her. He detained her in the station for a while, but let her go when he failed to get an officer.
There-is no parallel between the case of a clerk in a store, who has a, person arrested and searched, upon suspicion of a theft, and whose general employment could not warrant such an act and the present case of an agent, who is considered
-
141 U.S. 18 Supreme Court May 11, 1891 No. 1
The State, having the right, for the purposes of taxation, to tax any personal property found within its jurisdiction, without regard to the place of the owner’s domicil, could tax the specific cars which at a given moment were within
.police regulations of the State, but it is not subject to taxation there.
It seems to me that the cars in question belonging to the Pullman Car Company are in precisely the same category. The case of the Western Union Telegraph Company v. Massachusetts, 125 U.
-
39 L.R.A. 269 Supreme Court of Georgia March 12, 1897
I had no search warrant to search -either the defendant or the house.”
“was obtained under the circumstances just narrated, and particularly that it was obtained from defendant and her house without a search-warrant; that this search was an illegal search and seizure in violation of the constitutional
illegally' obtained, even if the search-warrant was illegally issued.” 1 Bish.
-
165 U.S. 628 Supreme Court March 1, 1897 No. 128
of the car or suspended therefrom, except it may-be lawful, in case of accident or otlier emergency, to temporarily use' such stove or furnace with necessary fuel.
Provided, that in cars which have been equipped with apparatus to heat by .steam, hot water or hot air from the locomotive, or from a special car, the present stove may be detained, to be used only when the car is standing still.
According to numerous decisions of this court (some of which are cited in the. margin 1 ) sustaining the validity of state regulations enacted under the police powers, of the State, and which incidentally affected commerce among
-
40 N.E. 594 Illinois Supreme Court April 1, 1895
Section 7 provides that the property seized under the search warrant, for which search is allowed by the act, “shall be safely kept, by direction of the judge, justice or court, so long as necessary, for the purpose of being produced
may be issued for the search and seizure of such property.
It is futher provided by section 8, that “if, on the hearing,” it appears that the warrant was issued without probable cause, the complainant may be required to pay the costs.
Showing the top 500 cases. Narrow your search or add filters to see more.