State v. Peterson Same v. Romano

Summary

The court held that the state prohibition statute could not constitutionally authorize search warrants based solely on an affidavit stating belief and good cause to believe that liquor was present, without facts enabling a magistrate to determine probable cause. It also held that a justice of the peace lacked authority to issue the warrants and that property seized under them had to be returned and suppressed upon timely application. The court answered the reserved constitutional questions affirmatively and approved the Romano district court's orders. Chief Justice PotteR concurred in the conclusions reached by the court.