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163 F. 338 U.S. Circuit Court for the District of Southern New York June 8, 1908
Are not such cases on all fours with the search of the defendant himself at the time of his arrest, and the right to use anything that may be found upon him?
New York, supra, the police entered upon the premises by right of a search warrant. They examined and seized many more papers than those for which the search warrant had been issued.
“The police have the power, and it is also their duty, to search the person of one lawfully arrested, and also the room or place in which he is arrested, and also any other place to which they can get lawful access, for articles that
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35 F. 261 U.S. Circuit Court June 18, 1888
Young, Police Officer;” that said police officer, instead of taking.the petitioner before said judge for examination and discharge on bail, or-commitment, as required by law and by said warrant commanded, lodged him in the county jail
with the warrant, without examination or commitment, where he remained until taken out on the writ of habeas corpus.
Now, a warrant of arrest may issue on “probable cause” supported by oath; and by analogy a peace-officer may arrest on probable cause derived from his own observation.
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17 F. Cas. 144 U.S. Circuit Court for the District of Maryland April 15, 1861
force, professing to act -under military orders; he was then compelled to rise from his bed, taken into custody, and conveyed to Port McHenry, where he is imprisoned by the commanding officer, without warrant from any lawful authority
The great and inestimable value of the ha-beas corpus act of the 31 Car.
(if indeed it is not more ancient), that the- statute of Car.
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20 F. 621 U.S. Circuit Court for the District of Eastern Louisiana May 28, 1884
“Sworn to and subscribed before me this twentieth day of May, 1884. “E. R. HuNT, U. S. Commissioner.”
CRANCH, J., whose dissenting opinion was adopted by the supreme court, said: “It [the warrant] ought to have stated the names of the persons on whose testimony it was granted, and the nature of the testimony, so that this court may
The law of this state was correctly stated by the counsel of the government, and the attorney general of the state may file informations without offering any proofs..
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196 F. 123 U.S. Circuit Court for the District of Southern Ohio December 4, 1911 No. 1,594
having its custody or control, or with whom it may lie, to appear at a stated time and place; or the judge may in the firsjt instance issue a warrant for its arrest and subpoena witnesses to testify at the hearing (section 1648).
On the day named in the citation, or upon the return of the warrant, the judge is required to proceed in a summary manner to hear and dispose of the case (section 1650), but the hearing may be continued from time to time.
a state or municipal law, and might issue a warrant himself, as he may do under section, 1648, for the arrest of the child on the charge of delinquency, or await the filing of an affidavit embracing such charge by some person authorized
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23 F. Cas. 116 U.S. Circuit Court for the District of Maine April 15, 1870
Suits to recover double values are founded on acts wholly distinct from the act of importation, and the owner, consignee, or agent may be liable both for the duties because the goods were imported without their payment and without
in such a case to search for and seize the invoices, books, and papers evidencing such a fraud, as it would be for a state magistrate to grant a warrant to search for and seize stolen goods.
Moseley, 1 Car. & K. 711.
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187 F. 853 U.S. Circuit Court for the District of Eastern Oklahoma November 22, 1909 No. 1,016
Laws Old. 1907-08, referred' to in the stipulation, provide that any judge of the district or county court or justice of the peace, upon showing of probable cause, may issue search and seizure warrants directed to any officer of the
The right, therefore, of a citizen of the state to purchase liquor without the state, and have it shipped into the State for his own use, was in no way affected.
Does the fact that they were sent by mail from points without the state change the character of the transaction? In Zinn v. State (Ark.) 114 S.
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106 F. 911 U.S. Circuit Court for the District of Western Pennsylvania February 14, 1901
By plain implication this rule sanctions an arrest without warrant under exceptional circumstances requiring immediate action.
Another rule reads thus: “Agents of this service will not attempt to search any house, store, building, boat, or other place without having first procured a search warrant, unless in case oí arrest, or the necessity be so urgent that
It is a mistake to suppose that no search or arrest can lawfully be made without a warrant. Wakely v. Hart, 6 Binn. 316, 318 . As was there said, such prohibition would “endanger the safety of society.”
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6 F. 555 U.S. Circuit Court for the District of Illinois December 10, 1880
Omnibuses may be licensed. They may pass over even the same streets as those occupied by the horse railways, and they may carry passengers in the same manner.
It may be admitted that, viewing it as a police regulation requiring the payment of a fee for the license, in amount it goes to the very verge of the exercise of police power; but as other courts have held that such a tax did not exceed
There is nothing in the pleadings which would warrant the court in considering these facts, unless the court should take judicial notice that they do thus come in competition, without any allegation in the pleadings.
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188 F. 497 U.S. Circuit Court for the District of Eastern Pennsylvania June 13, 1911 No. 1,274
But the Supreme Court of Pennsylvania affirmed the judgment, saying: "Unless a watchman be kept constantly in view of the center aisle of the car. larceny from a sleeping passenger may be committed without the thief being detected
without its knowledge, was not bound to foresee that violence might accompany such robbery?
The declarations of conductors and porters in such cases seem to have been given without objection in several of the cases cited, notably in Pullman Co. v. Gardner and Lewis v. New York Sleeping Car Co.
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30 F. 345 U.S. Circuit Court for the District of Colorado February 24, 1887
In May of tliat year be started -to go as passenger on one of the trains of defendant from Kansas City to Ogdon. He rode in an ■emigrant car.
After a short time, and while the plaintiff was standing about 70 or 80 feet from the car, without any warning or signal, the train commenced moving.
But to take a passenger train whose passengers it has fair reason to believe are not all in their scats in the cars, and who it may fairly expect are moving from car to car in search of their places, and to tear it asunder in the way
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150 F. 155 U.S. Circuit Court for the District of Eastern Wisconsin December 11, 1906
The police force about the South Foundry has been increased since the strike from 1 to 3. The policemen go with the workmen to the street car.
The policemen shoved Henning off the walk, and he again insisted on the search, got into words with the policeman, and was arrested by him, taken to the police station, and after-wards tried in the police court.
One witness says the pickets would follow workmen to the car, circle ’round them, pretend they were going to take the car, “and then they would give us the laugh.”
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54 F. 969 U.S. Circuit Court for the District of South Carolina March 1, 1893
property for public use without just compensation.
owner of it without due process of law.
to car to facilitate transportation.
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120 F. 102 U.S. Circuit Court for the District of Nebraska November 8, 1902 No. 36
The truth Is that the most potential and unlawful force or violence may exist without lifting a finger against any man or uttering a word of threat against him.
About May 12, 1902, certain shopmen, through committees, presented to the company what they claimed were grievances. Conferences were held, but without result.
If we were trying the defendants upon indictments or as a police magistrate, possibly the proof would fall short of conviction, upon the ground of a reasonable doubt, though even that may be questionable.
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17 F. 671 U.S. Circuit Court for the District of Northern New York May 4, 1883
If they get upon his vehicle without his authority, they take things as they find them, and assume the risk, without recourse against him, of any injuries which may happen to them through any failure of the duties which he may owe
The rules adopted by railroad companies are a part of their police arrangements.
He might neglect to perform it, and, when the rule is a mere police arrangement of the company, such neglect may, perhaps, amount to a waiver as between the passenger and the company.
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62 F. 46 U.S. Circuit Court for the District of Kentucky June 4, 1894
He alleges that they remained seated in said car undisturbed so long as tbe train was without tbe state of Kentucky, but, when tbe train came into that state, said conductor required of plaintiff and bis wife to give up their seats
in said car, and gO' into a compartment in a car immediately in front, wbicb bad, been set apart for colored persons exclusively.
The conductors or managers on all railroads shall have power, and are hereby required, to assign to each white or colored passenger his or her respective car or coach or compartment; and should any passenger refuse to occupy the car
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23 F. 585 U.S. Circuit Court for the District of Southern New York December 22, 1882
This statement was made under the following circumstances, as shown at the trial: The ac *586 cused had been arrested by virtue of a commissioner’s warrant, upon a charge of having uttered counterfeit coin.
Upon his cross-examination, in answer to a question put without objection, he testified that he had not been in prison in this state, or any other state, when the fact was that he had been imprisoned in the state prison of this state
Lavey, 3 Car. & K. 26, the accused, -when a witness, had falsely sworn that she had never been tried in-the Central criminal court, and had never been in custody at the Thames police station.
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129 F. 421 U.S. Circuit Court for the District of Kentucky April 4, 1904
The defendants are said city and the mayor and the chief of police thereof.
It is held that criminal acts which amount to an invasion of right of property may be enjoined by a court of equity, notwithstanding they may be punishable criminally.
C.) 116 Fed. 756 , Judge Jones said; “A license imposed for revenue is tbe exercise of tbe taxing, not the police, power, and prosecutions before tbe corporate tribunal for doing the business without a license are quasi penal at most
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187 F. 290 U.S. Circuit Court for the District of Eastern Arkansas May 3, 1911 Nos. 1,636, 1,637
But certainly, until Congress undertakes to legislate for those who are without the state, AA'isconsin may provide for those within, even though it may indirectly affect those without.”
[Mass.] 53, 85. * * * it may he that such legislation is not within the ‘police power’ of a state, as those words have been sometimes, although inaccurately, used; but In our opinion the power, whether called police, governmental,
Justice Holmes, in speaking of the police power, said: “It may be said in a general way that the police power extends to all the great public needs.
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17 F. Cas. 993 U.S. Circuit Court for the District of Pennsylvania May 15, 1811
As to the three draughts of machinery, charged to have beeu stolen bv the plaintiff, it must be admitted, that the defendants proceeded not only without probable cause, but without any cause at all.
This charge, (which is certainly unfounded,) being connected in the* same warrant with another which was founded, may or may not have produced injury to the plaintiff; and if in your opinion it did so, and was maliciously made a ground
Of course, no damages could be given on account of that prosecution, even if it had been made without probable cause; and if the defendants had probable cause for obtaining the first warrant, the grounds of suspicion had received additional
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