| Show SERVICE of LEGAL PAPERS ALTHOUGH we have repeatedly published articles containing the explanations which the writer of the follo following wink communication de deres lires wo we will again endeavor to make t the S e subject Alear editor deseret news since writing yuu you particulars of the dannals searching my house for mr darney I 1 have thought it best beat to ask you to publish an explanation of the difference ference if between a search war rant and a warrant for the arrest of an individual the reason that I 1 ask this question is this when the marshals came here in the morning marshal steel said that he had bad a warnet for the arrest of mr darney and that they wanted to lo search the house bouse I 1 asked hint him if he be had bad a search warrant he be replied that he had and that the for the arrest of a man gave at an officer the right to search any house bouse he might think the party wanted to be lai la lahough paper did not name any place br say eay anything about searching a house have they any right to search ray my house without a search warrant please publish your answer in the nawa JOS JOB S MARSTON Kay oville I 1 A search warrant empowers the officer to search the place or premises named la in the tae warrant and no other for property stolen uil unlawfully lawfully detained or secreted which property must also be described in the document seizure of property and not of a person is the object of a search warrant if resistance is hollered to an officer holding a search warrant he way toay revolt to violent means in order to effect a thorough examination of the house or premises described lin in the warrant but it no resistance is offered offer ad the officer must not use auy any vio legoe nordo any damage A search warrant la is rarely or never issued except tomases in to cases of larceny robbery bourg lary or possibly replevin we believe that a search warrant has never been issued during the proceedings in any case of polygamy or unlawful cohabitation yet prosecuted in this territory and the issue ot of such a writ in such each cases is not at all likely to occur A warrant of arrest on the other hand has for its object the seizure ol of the person named in it and not of any property of any kind the ifie 0 ulcer holding the warrant of arrest has by virtue thereof a right to make every reasonable effort to effect the capture of tae lie person named in it it if the officer has reason to believe and does believe beam that the person named in the warrant of arrest held by him is secreted in ina a given hous eor about certain premises he be may enter the house or premises search the same md and if resistance is id offered he may with no other authority than the warrant of arrest resort to alo violence in order to complete the search md secure his prisoner A subpoena is a writ commanding the person named therein to appear before it court and at a time and place named therein egeln er eln as a witness the officer ill serving a not use any aker violence whatever but it 11 a witness secrets himself for the purpose of avoids avoiding j the service ota subpoena the officer may tile with the court an affidavit to that effect describing the place where the witness is or is 18 supposed to be secreted the court way may thereupon issue a wair authorizing the officer to use violence if necessary in order to gain access to the witness tor for the purpose of serving the subpoena A person disobeying a subpoena is liable to arrest and punishment for coute contempt rapt of court before an officer holding a warrant of arrest proceeds to search the house or premises of any person on pretense of looking for his bis prisoner he must have reasonable and tangible grounds believing fon tuat the fugitive is there and should tie he obtrude into and search a house or place without such grounds for so doing an action for dania damages es will him the sheriff sherife ol 01 of a county and the marshal of a territory Terr and other like officers are res responsible ponsie Aorl I 1 e for the acts of their deputies and may be proceeded against as principals in case ua 1 wrong doing by the latter |
