“The right of the people to
be secure in their persons,
houses, papers, and effects,
agffainst unreasonable searches
and seizures, shall not be vio
lated, and no Warrants shall
issue, but upon probable cause,
supported by Oath or affirma
tion, and particularly describ
ing the place to be searched,
and the persons or things to
be seized.” Constitution of
the United States; Amendment
fourth.
Indespensible Requirements
Under our Constitution, a
search warrant is indespensible
before a legal search of per
sons, houses, papers and ef
fects can be made.
Exceptions
The exceptions are in the
cases of vessels by the Customs
officers, and of persons arrest
ed while committing or at
tempting to commit a crime in
the PRESENCE of an officer,
and vehicles (as automobiles)
in the act of transporting liquor.
Game Enforcement Officers
The game wardens under the
Alaska Game Laws MUST
first procure search warrants
BEFORE they have the tight
to make searches UNLESS the
person is in the act of violat
ing a law in the PRESENCE
of the game officer
i ms means tnat men iiKe
Winn Goddard and others have
no right to go on board vessels
or into houses or on private
property and snoop around
UNLESS consent is first giv
en by the owner or under a
t carch warrant.
Section 5 of the Alaska Game
Law says, “he, (the game ward
en) shall have authority, with
a search warrant, to search any
place at any time. * * * The
United States commissioners,
may, within their respective
jurisdictions, upon proper oath
or affirmation showing proba
ble cause, issue warrants in
ALL such cases.”
Necessity For Warrant
A seizure of books and papers
found in a person’s office im
mediately after his arrest, with
out authority of law and with
out warrant, is an unreasonable
search and seizure.—U. S. v.
Mounday 208 F. 186.
Under 18th Amendment
Liquor in plain sight may
be seized without search war
rant. Where officers smelled
fumes of a still, search with
out warrant held justified. Va
china v. U. S- 283F. 35.
Likewise arrest of the de
fendant while unlawfully trans
porting liquor authorizes seiz
ure of liquor. Bell v. U. S.
285 F. 145.
Search of person without
warrant held unlawful, except
SITKA CAMP
ALASKA NATIVE
BROTHERHOOD
Meets 8 P. M. Mondays
President: Secretary:
Mark Jacobs A. Hope
*
Electric Laundry
Phone 156
GENERAL LAUNDRY
WORK
All Work Guaranteed
F. H. Bold, Prop.
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Walk-Over
Shoes
FIELD’S
Prince Rupert, B. C.
TAXI
Phone
99
Tom Dyhavan - Stan Moran
We Use All Closed Cars
—
All Kinds of Engraving1 and Watch and Jewelry Repairing
All Work Guaranteed at
PRUELL’S GIFT SHOP
Ketchikan,
Alaska
Fcr Supplies of
MERCHANDISE AND LUMBER
Consult
METLAKATLA COMMERCIAL CO
ENTERPRISE MACHINE WORKS, Inc.
Ketchikan, Alaska
Machinists, Blacksmiths, Welders
Phone 199
OUR MAIL ORDER SERVICE IS PROMPT
Everything You Expect to Find in a Drug Store
WALKER DRUG COMPANY
Ketchikan,
Alaska.
Vi
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