| Show P PROPOSED BILL HITS S DAY BY AGENTS UTAH REPRESENTATIVES WOULD PROTECT HOME FROM PROM PROHIBITION PRO PRO- SLEUTH r Make Makee It a Misdemeanor For Court Or Judge To Issue utI Warrant Without Fill IB O 0 Affidavit f. 0 Salt Lake City Invasion aaion of ot prate pr- pr private irate ate homes In Utah by officers ers agents or of ot the state or of ot any municipal subdivision thereof engaged in the enforcement of the prohibition laws in Utah without a search learch warrant la is to stop if the measure to be Introduced In the house by Representative Kay Bay RayS S 8 McCarty is passed paned The bill proposes to amend section complied compiled laws of ot Utah 1017 1917 relating to intoxicating liquors and the power of oP the rho officers to make search and seizure and the amendment amendment amend amend- amendment ment to this section is that the words or any city judge the latter word being inserted and anti the words title 64 54 of the compiled complied laws of Utah of or 1917 1017 is being violated The words and al also o to the attorney general are omitted from the concluding sentence sen len tence tense of the section I IThen Then follows the tho addition of three sections which read Section A. A No search warrant warrant warrant war war- rant shall issue to search earch any any private vate vale dwelling occupied ns as such unless unless un un- un- un less It is being used for the unlawful unlawful unlawful ful possession manufacture or sale of intoxicating liquor or r unless it Is in part used for some business purpose purpose pur pur- pose such as a store shop garage restaurant hotel or boarding house The term private dwelling shall be construed to include the room or rooms used and occupied not transiently transiently tran tran- silently but solely as a residence Inan in inan inan an apartment house hotel or boardIng boarding boarding board board- ing house Section B. B Any ny officer agent or of the tho state of Utah or car any municipal subdivision thereof engaged engaged engaged en en- In the enforcement of or the prohibition prohibition pro pro- laws of or this state who shall search any private dwelling as defined defined de tie- fined In n the preceding section and occupied oc oa as such dwelling without a warrant directing such search or who while so engaged shall without a warrant directing such sear search h or who while so engaged shall without a search earch warrant maliciously and without without with with- out reasonable cause search any other building or property shall be guilty of a felony Section 33 C Any judge or justice jus jars tics tice of the pea pence peace e who shall Iss issue e a 8 search warrant be before Core the affidavit provided for forn in section 33 4 compiled compile laws law laws of Utah 1917 as ns amended is made and filed or dr r In blank shall be guilty of or a misdemeanor Section 2 This act shall become effective upon approval The proposed section A 1 is sec sec- section section tion of or the act and the proposed section D is section Q of the federal prohibition law Tho last section C C is new as also section 2 of or the last section named named nam nam- ed which provides for the taking effect of the act upon approval |
