any district other than that where the offense is to be tried, it shall be the duty of the judge of the district where such offender or witness is imprisoned, seasonably to issue, and of the marshal to execute, a warrant for his removal to the district where the trial is to be had."'1 A court may issue a bench wrrant upon probable cause, supported by oath.2 It has been held that allegations upon information and belief are insufficient unless the sources of the information are set forth and show probable cause. In time of war or of an invasion or predatory incursion perpetrated, attempted, or threatened against the territory of the United States the President has the power to issue a warrant for the apprehension of an alien enemy. A warrant of arrest, which issues from the Supreme Court must be witnessed in the name of the Chief Justice; or, when that office is vacant, of the Associate Justice next in precedence. A warrant issued from a District Court must be witnessed in the name of the judge of that court; or, when that office is vacant, of the clerk thereof." The warrant must specifically name or describe the person to be arrested thereunder. His surname and christian name are Sufficient without his middle names or initials.8 Where the marshal, under a warrant directing him "to arrest the body of James West," arrested Vandy M. West, whom he knew to be the person intended, but who had never been known nor called by the name of James West; it was held that he was liable to an action for false imprisonment. The warrant must be returnable at some specified time or before some specified person.10 In proceedings for extradition a judge who issues a warrant may make it returnable before a United States Com 486. 1 U. S. R. S., § 1014. 2 U. S. v. Bollman, 1 Cranch C. C. 373, Fed. Cas. No. 14,622. 8 U. S. v. Michalski, 265 Fed. 839. 4U. S. R. S., §§ 4067-4070, as amended April 16, 1918, ch. 55, 40 St. at L.; Minotto v. Bradley, 252 Fed. 600, supra, § 462a. U. S. R. S., § 911; supra, § 455. 6 U. S. R. S., § 911; supra, § 455. 7 West v. Cabell, 153 U. S. 78, 38 L. ed. 643. 8 O'Halloran v. McQuirk, 167 Fed. 493. 9 West v. Cabell, 153 U. S. 78, 38 L. ed. 643. But see Williams v. Tidball, 2 Arizona, 50, 8 Pac. 351. 10 U. S. v. Almeida (U. S. C. C. N. Y.), 2 Wheeler's Crim. Cas. 576, Fed. Cas. No. 14,433. missioner 11 or before himself, or a specified United States Commissioner.12 A general order of the court, prepared by the Attorney General of the United States, has been adopted by most of the District Courts, and provides, amongst other things, as follows: "That whenever a warrant shall be issued by a commissioner for the arrest of any person it shall be made returnable before him, provided he be the commissioner nearest or most convenient to the residence of the accused. If he is not, then he shall retain a copy of the affidavit on which the warrant is issued and make the warrant, accompanied by the original affidavit, returnable before a commissioner having an office and acting nearest to the residence of the accused; and such commissioner shall make the examination of the party, and discharge, commit to prison, or admit to bail, as the case may be." 18 A warrant is probably void unless it is under seal.14 Certainly so if the State practice requires the seal.15 It has been held that a warrant cannot be signed with a lead pencil.16 "When two or more charges are made, or more indictments are found against any person, only one writ or warrant shall be necessary to commit him for trial; and it shall be sufficient to state in the writ the name or general character of the offenses. or to refer to them only in very general terms." 17 Ordinarily a general description of the offense is sufficient. 18 "It shall be the duty of the marshal, his deputy, or other officer, who may arrest a person charged with any crime or of fense, to take the defendant before the nearest Circuit Court Commissioner or the nearest judicial officer having jurisdiction under existing laws for a hearing, commitment, or taking bail for trial, and the officer or magistrate issuing the warrant shall attach thereto a certified copy of the complaint, and upon the arrest of the accused, the return of the warrant, with a copy of the complaint attached, shall confer jurisdiction upon such 11 Grin v. Shine, 187 U. S. 181, 187. 25. 12 Re Henrick, 5 Blatchf. 414. 14 U. S. R. S., § 911, supra, § 455. 15 U. S. v. Clough, C. C. A., 55 Fed. 373. 16 U. S. v. Thompson, 2 Cranch C. C. 409, Fed. Cas. No. 16,484. 17 U. S. R. S., § 1027. 18 U. S. v. Green, 136 Fed., 618. officer as fully as if the complaint had originally been made before him, and no mileage shall be allowed any officer violating the provisions hereof." 19 "Whenever a prisoner is committed to a sheriff or jailer by virtue of a writ, warrant, or mittimus, a copy thereof shall be delivered to such sheriff or jailer, as his authority to hold the prisoner, and the original writ, warrant, or mittimus shall be returned to the proper court or officer, with the officer's return thereon." 20 "The Commissioner of Internal Revenue, his assistants, agents, and inspectors shall investigate and report violations of this Act to the United States attorney for the district in which committed, who is hereby charged with the duty of prosecuting the offenders, subject to the direction of the Attorney General, as in the case of other offenses against the laws of the United States; and such Commissioner of Internal Revenue, his assistants, agents, and inspectors may swear out warrants before United States commissioners or other officers or courts authorized to issue the same for the apprehension of such offenders, and may, subject to the control of the said United States attorney, conduct the prosecution at the committing trial for the purpose of having the offenders held for the action of a grand jury. Section 1014 of the Revised Statutes of the United States is hereby made applicable in the enforcement of this Act. Officers mentioned in said section 1014 are authorized to issue search warrants under the limitations provided in Title XI of the Act approved June 15, 1917." 21 § 487. Search warrants. In General. The Fourth Amendment ordains: "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrant shall issue, but upon probable cause, supported by Oath or affirmation and particularly describing the place to be searched, and the persons or things to be seized." 1 This applies only to warrants in criminal proceedings, in 19 Act of Aug. 18, 1894, ch. 301, § 1, 28 St. at L. 416, Comp. St., 20 U. S. R. S., § 1028. 21 Act of Oct. 28, 1919, Title II, § 2, 41 St. at L. 305, Comp. St., § 101382a. § 487. 1 Murray v. Hoboken Land cluding proceedings to forfeit property for fraud against the United States. It has been held not to apply to proceedings for the exclusion of Chinese, nor, to a search to prevent the unlawful introduction of a letter into the United States.1 It has been said: to forbid the compulsory production of a person's books and papers to be used against himself and his property in a penal or criminal proceeding or a proceeding for a forfeiture; and to forbid subpœna duces tecum against a corporation charged with a crime directing the production before a Grand Jury of all its papers or substantially all its correspondence since its organization, unless the organization and each act of the corporation is a violation of the law. It has been said that search and seizures of private books and papers to secure evidence of criminality is forbidden by the Constitution as unreasonable.8 By the Revised Statutes, "It shall be lawful for any officer of the customs, including inspectors, or occasional inspectors, or of a revenue-cutter, or authorized agent of the Treasury Department, or other persons specially appointed for the purpose in writing by a collector, naval officer, or surveyor, to go on board of any vessel, as well without as within his district, and to inspect, search, and examine the same, and any person, trunk, or envelope on board, and to this end to hail and stop such vessel if under way, and to use all necessary force to compel compliance; and if it shall appear that any breach or violation of the laws of the United States has been committed, whereby or in consequence of which such vessel, or the merchandise, or any part thereof, on board of or imported by such vessel, is liable to forfeiture, to make seizure of the same, or either or any part thereof, and to arrest, or in case of escape, or any attempt to escape, to pursue and arrest any person engaged in such breach or violation." Before this statute, it was held, that a & Improvement Co., 18 How. 272, 15 L. ed. 372, holding that it does not apply to a distress warrant. 2 Boyd v. U. S., 116 U. S. 616, 6 Sup. Ct. 524, 29 L. ed. 746. 3 Re Chin Wah, 182 Fed. 256. 4 U. S. v. Welsh, 247 Fed. 239. 5 Ibid. 6 Hale v. Henkel, 201 U. S. 43, 26 Sup. Ct. 370, 50 L. ed. 562. 7 See U. S. v. Rice, S. D. N. Y., Oct. 1911. 8 U. S. V. Premises in Butte, Mont., 246 Fed. 185. 9 U. S. R. S., § 3059. United States Commissioner could not issue a search warrant seize letters, writings, and printed matter used or intended. use in the execution of a scheme to defraud in which the mails were used.10 to for If any collector, naval officer, surveyor, or other person specially appointed by either of them, or inspector, shall have cause to suspect a concealment of any merchandise in any particular dwelling-house, store-building, or other place, they, or either of them, upon proper application on oath to any justice of the peace, or district judge of cities, police justice, or any judge of the 'District Court of the United States, or United States Commissioner,' shall be entitled to a warrant to enter such house, store, or other place, in the day-time only," and there to search for such merchandise; and if any shall be found, to seize and secure the same for trial. And all such merchandise, upon which the duties shall not have been paid, or secured to be paid, shall be forfeited."' 11 this does not authorize the seizure of letters or other papers. 12 It been held further that a United States Commissioner does has act judicially in issuing a warrant authorizing a customs inspector to search certain premises for merchandise fraudulently imported and to seize it if found.13 not By the Tariff Act of October 3, 1913: It has been held that G. Subsection 1. All persons are prohibited from importing into the United States from any foreign country any obscene book, pamphlet, paper, writing, advertisement, circular, print, picture, drawing, or other representation, figure, or image on Paper or other material, or any cast, instrument, or other article of an immoral nature, or any drug or medicine, or any article whatever for the prevention of conception or for causing unlawful abortion, or any lottery ticket or any advertisement of any lottery. No such articles, whether imported separately or contained in packages with other goods entitled to entry, shall be admitted to entry; and all such articles shall be proceeded against, seized, and forfeited by due course of law. All such prohibited articles and the package in which they are contained 10 U. S. v. Jones, 230 Fed. 262. 11 U. S. R. S., § 3066, as amended 22 St. at L. 49, 2 Fed. St. Ann. 743. 12 U. S. v. Maresca, 266 Fed. 713. 13 Re Chin K. Shue, 199 Fed. 282. |