SEARCH WARRANTS

Gisborne Herald, Volume LXVI, Issue 19998, 25 July 1939, Page 2

SEARCH WARRANTS

CONSTABLES’ RIGHTS LEGAL SUBMISSIONS POLICE ORDER. DECLINED

MACISTRATE’S JUDGMENT

Matters relevant to the carrying out of search warrants, the ciate of their expiry, and the rights of constables other than those named in the warrant to carry out the search wer c points dealt with by Mr. E. L. Waiton, S.M., in a reserved judgement given in the Magistrate’s Court this morning.

The judgment arose out of the hearing of a case, Police v. John Beattie, who was charged with selling liquor without being duly licensed to sell it, the offence being committed at Waima, Tokomaru Bay, on March 31, 1939. Beattie was served with a summons to appear before the Magistrate’s Court, Ruatoria, on May 4, the summons being issued on April 15.

On April 1 at Tcrkomaru • Bay a justice of the peace issued a search warrant directed to Constable Beasley, authorising him to enter the defendant’s premises and search and seize and remove certain liquor. On the same day, in company with Constable Brown, Constable Beasley removed from the premises a quantity of liquor and, on April 28, Constable Brown, on the authority of the same warrant, again entered the premises and seized and removed a further quantity of liquor, most of which he had found .hidden in various places o n the premises. When the case was heard before Mr. Walton lin Ituatoria, Sergeant L. T. Moore was the prosecutor, and Mr. M. R. Maude appeared for flic defendant, who pleaded guilty and was convicted and lined £2O and costs. Police Order Sought Section 229 of the Licensing Act, 1908, provides that in the event of the occupier of any premises being convicted of selling liquor which ne is not authorised to sell, the liquor seized under a search warrant shall be i'orefeited. Under section. 143 of the Act, the police applipd to the magistrate for an order directing how the liquor seized under the warrant should be disposed of. Dealing with legal, submissions made by Mr. Maude, His Worship said that section 20 of the Police Force Act, 1913, provided that any warrant directed to a constable may be executed by any other member of the force, who shall, have the same rights, powers and authorities for and in the execution- of such warrant as if it had been originally directed 1o him.

With regard to a submission, made by counsel to the effect that when the defendant told Constable Brown that fome of the liquor belonged to a third person, the constable had no right .to seize it, the judgment pointed out that the constable had found most of the liquor hidden and, in such circumstances, die might reasonably have doubts as to the truth of the defendant's statement. The defendant had been given an opportunity to produce the (third party, but had failed to do so. Warrant Not Exhausted A third submission had been to the effect that one seizure having been made on April 1, the warrant was ex-

haust’ed and consequently the second cizurc was unlawful, but dealing with this, His Worship pointed out that the warrant authorised the police ■vt any time or times within, one monlth from its date to enter and search for and remove certain liquor. The general rule was that a warrant continued in force until, it was fully executed and obeyed. After quoting authorities for his rulings, His Worship indicated that, in the present case. Beattie was charged that at Waima, Tokomaru Jay, he did sell li-uior without being duly licensed to sell same. To this charge lie pleaded guilty and no evidence was called. There was no proof that he was the owner or occupier. In these circumstances, the order asked for by the police must be declined,