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· 3/16/1917

State ex rel. Hodge v. Gordon

Citations

  • 95 Wash. 289
  • 163 P. 772

Syllabus

<p>Intoxicating Liquors — Prohibition—Searches—Druggists. The fact that druggists may lawfully keep and sell intoxicating liquors does not exempt them from the operation of Rem. Code, § 6262-11, providing for the issuance of search warrants for the seizure of intoxicating liquors unlawfully manufactured or sold.</p> <p>Same — Search Warrants — Complaint—Probable Causé — Statutes. A complaint for a search warrant for intoxicating liquors need not state the “probable cause” for its issuance, under Rem. Code, § 6262-11, providing that a search warrant shall issue for the seizure of intoxicating liquors, upon the sworn complaint of any citizen, “if it shall be made to appear . . . that there is probable cause to believe” that intoxicating liquor is being unlawfully manufactured or sold; but the judicial officer is to determine the existence of probable cause.</p> <p>Same — Search Warrants — Proceedings—Justices oe the Peace —Jurisdiction. The people, by the initiative state-wide prohibition law (Rem. Code, § 6262-11) conferred jurisdiction upon justices of the peace in cases of proceedings for search warrants for the seizure of intoxicating liquors, irrespective of the amount or value of the liquors, and the vesting of such jurisdiction does not conflict with the constitutional provision limiting the jurisdiction of justices of the peace to cases involving $100.</p>

Judges: Morris

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