Opinion By Bishop

Good Law
1 Cal. Super. Ct. 148
Superior Court of CaliforniaJune 10, 1924California2,801 words

Opinion

lead Opinion

Wra.I. Traeger, Sheriff. County of Los Angeles.

Dear Sir: We are in receipt of your request of May 26 for an opinion as to the rigjht of your deputies *150 to stop and search automobiles in the enforcement of the Wright Act. In response thereto we submit the following conclusions.

1. That if the deputy is acting under authority of a search warrant, it must particularly describe the automobile to be searched and the property sought or it is no protection to him.

2. That no general right exists to stop automobiles and search them without a warrant.

3. That to authorize the officer to make a search of an automobile without a warrant he must be in possession of such knowledge from the employment of his own senses or from information actually imparted to him by another as to cause him, honestly and in good faith, acting with reasonable discretion, to entertain the belief that intoxicating liquor is being transported therein in violation of law.

The reasons for our conclusions are hereinafter set forth.

It is now well established in our law that intoxicating liquor is a proper subject of search and seizure. 3 A. L. R. 1515; 13 A. L. R. 1316; Blakemore on Prohibition, Page 290.…

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