PROHIBITION IN U.S.A.

Shannon News, 3 April 1928, Page 1

PROHIBITION IN U.S.A.

REGULATIONS ISSUED The official views of the prohibition authorities on the privileges of officers and agents with respect to the use of search waranrts and firearms, and their general conduct have for the first time been clearly outlined in a “Manual of Instruction” just issued by Prohibition Commissioner Doran, says a l£e\v York paper. The book applies to''prohibition agents, pharmacists and inspectors, narcotic agents and inspectors and special agents. It issues a clear warning to the agents concerning use of search warrants by declaring that an amendment to the Volstead Act forbids entrance of a private dwelling without them. It also outlines the conditions under which entry may be made elsewhere when no search warrant is required and warns against the careless use of firearms.

“Section 6 of the Willis Campbell act,” according to the regulations, “makes it a misdemeanour, punishable by fine and imprisonment, for any officer, agent or employee of the United States to search any private dwelling, as defined in Section 25 ? National Prohibition act, without a warrant directing such search, or while so engaged to search, maliciously and without reasonable cause any other building or property. ’ ’ Private dwellings under the law arc described as including a room or rooms used and occupied not transiently but solely as a residence in any apartment house hotel or boarding house. “ The Constitution prohibits unreasonable search and seizure,” continues the regulation “but does not prohibit search without a warrant. Unreasonable search or seizure is always illegal and reasonable search permissible. Therefore, on whether the search or seizure is reasonable or unreasonable depends its legality or unlawfulness. “Whether; a. search or seizure in a criminal case is or is not unreasonable, necessarily, mivt be determined according to the facts and circumstances of the particular case. Generally, if an officer has reason to believe that an offence is being committcd j he may search without warrant, just as he may arrest without warrant when an offence is committed in his presence. ”

Tho agents are told furthermore of a Supreme Court decision respecting automobile searching in which it was declared that it would be intolerable and unreasonable if any agent were authorised to stop every automobile on the chance of finding liquor. “The Court further said,” continued the regulations, “in cases where the securing of a warrant is reasonably practicable it must be used. In cases where seizure is impossible except without a warrant the seizing officer acts unlawfully and at his peril unless he can show the Court probable cause. ’ ’ “Successful prosecution,” it is dedared “has sometimes failed because there was some evidence that the accusd was entrapped. It is contrary to public policy and to the views of the leading courts to punish a man for the commission of an offence which he would not have committed if officers of the law had not inspired persuaded and lured him to do so. ’ ’

Agents are warned to make a distinction between entrapment and arti. ficcs to detect persons . suspected of being engaged in criminal practices.

The careless use of firearms, which lias been the subject of much criticism, is treated as follows:

‘‘The promiscuous flourishing and display of firearms is prohibited. A weapon should never be drawn on a person except in self-defenc, or to prvent- the commission of a felony The unwise and unwarranted use of firearms by officers in the past has caused the bureau considerable embarrassment and resulted in much unfavourable and harmful publicity.

“While it is not intended that an officer should remain passive and jeopardise his own life or the life of an associate when danger threatens, it is intended that extreme caution and cool deliberation should control his actions. An officer should remember that he will be held strictly accountable and personally responsible for the fatal result of any use of firearms bv him,” Prohibition officers are further warned that in discharging their duties they should endeavour to avoid unnecessarily injuring or endangering the reputations of persons or concerns under investigation and that at all times their position requires mainteh. ance of a “courteous bearing.” — t