Amendment IV

Document 12

Frisbie v. Butler

With regard to the warrant--Although it is the duty of a justice of the peace granting a search warrant (in doing which he acts judicially) to limit the search to such particular place or places, as he, from the circumstances, shall judge there is reason to suspect; and the arrest to such person or persons as the goods shall be found with: And the warrant in the present case, being general, to search all places, and arrest all persons, the complainant should suspect, is clearly illegal; yet, how far this vitiates the proceedings upon the arraignment, may be a question, which is not necessary now to determine; as also the sufficiency of several of the other matters assigned in error.

The Founders' Constitution
Volume 5, Amendment IV, Document 12
http://press-pubs.uchicago.edu/founders/documents/amendIVs12.html
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