Show I I I I I I A mN H lD I OFFICERS OFFICERS' ACTS Judge Wight Contends Contend Constitutional Con Rights Defied in Liquor Search in Case of Mrs R. R C. C Jones 1 JUDGE L. L B B. B WIGHT of the J Third district court i in l Banding handing handing hand Band ing down his decision yesterday yesterday yesterday yester yester- day in regard to the ity of evidence offered by th the city in the he c case of Mrs rs R R. C C. Jones a accused with having having- liquor in her possession possession pos pos- I session holds that the tho city officers who made the arrest were without authority in so doing and that their actions were in violation of the state constitution The judge referred to sections compiled laws of Utah of 1917 He lie held that there was nothing in the records in the ca cae case e to indicate that the officers had probable cause to believe that the defendant had hadan an any kind of in which there was intoxicating liquor If any such power is intended by that tha t section of the statute it is in id indirect I direct violation of of the constitution of the state and therefore void said the judge If officers may go forth searching persons for liquor without I warrant T 1 this section the legislature legislature legislature leg- leg may authorize them to search for tor any other purpose and if I courts uphold such contentions then I there will be good cause for suspicion I that the courts are constantly per- per emitting the infringement of the t rights of the pe people of America unI under under un un- I der their constitution I I If as counsel insists this section actually grants the powers to police I j officers to enter and search all the buildings building's and other places j j led ed without other authority than a ai i I suspicion or m belief that intoxicating i I liquor may he be found there then the law is clearly unconstitutional RIGHTS INVALID This is the court of last resort in cases where persons persons are prosecuted prosecuted prosecuted prose prose- for alleged ed misdemeanors unless unless unless un un- un- un less the constitutionality of oC a statute is involved To deny to an accused person his rights as defined in in the constitution would be to ignore our oath of office The city has placed I an interpretation on the sections of the statute referred to above above- which by reason of the wording used is not altogether unreasonable As so interpreted Interpreted in interpreted In- In I we believe the constitutional constitutional constitutional rights of the people of the states are invaded We Ve are also of the opinion that I the power of or the city through its its' officers to search and seize without a warrant based and upon path oath af f fi on particularly d describing scribing the the place to be searched and the person or thing to be bo seized is one which cannot be delegated to the city by the state legislature and so hold The court therefore makes makes' the same conclusion n as heretofore Sn- Sn The case is yet jet yet yetto to be tried |