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Articles 1 - 6 of 6
Full-Text Articles in Law
Intoxicating Liquors-Statutory Construction-Forfeiture Of Conveyance
Intoxicating Liquors-Statutory Construction-Forfeiture Of Conveyance
Michigan Law Review
Cars in which liquor was imported were seized by the government. The operators were prosecuted for violation of the customs laws, and the government attempted to declare forfeiture of the cars under the customs laws. Lienors whose rights are not recognized under these laws intervened and claimed that forfeiture could be declared only under the National Prohibition Act which saves the rights of lienors. Held, in General Motors Acceptance Corp. v. United States, that forfeiture may be declared either under customs laws or the National Prohibition Act.
Judicial Examination Of The Accused-A Remedy For The Third Degree, Paul G. Kauper
Judicial Examination Of The Accused-A Remedy For The Third Degree, Paul G. Kauper
Michigan Law Review
In its report on "Lawlessness in Law Enforcement" the Wickersham Commission concludes that in the police systems of a number of American municipalities the "third degree" is very generally practiced as a means of extorting from accused persons under arrest confessions, incriminating statements, and other information of value to the police. The conclusion of the Commission confirms the results of private investigation made in the same field. It is true that the. methods of inquiry pursued by the Commission leave doubt as to the accuracy of some of the facts reported. But the quality of the evidence submitted as the …
Arrest For Crime -The Law's "Crazy Business"
Arrest For Crime -The Law's "Crazy Business"
Michigan Law Review
In the Wilbur Day case, the facts as presented by Time indicate that Day was in truth guilty of the felony for which he was arrested. Under the statute, therefore, the arrest was lawful and the case should not have been dismissed. The defendant's attorney appears, unfortunately, to have misled the trial judge.
Searches And Seizures - Allegations Necessary For Warrant
Searches And Seizures - Allegations Necessary For Warrant
Michigan Law Review
The defendant objected to the use in evidence of intoxicating liquor on the ground that it was seized during a search of his premises under an insufficient search warrant. Held, the search warrant was issued without a sufficient showing that reasonable and probable cause existed for the search, there being neither a positive allegation of facts in the affidavit for the warrant nor a hearing of evidence by the issuing magistrate. Smith v. State (Ind. 1931) 177 N. E. 898.
An Extravagant Account
Michigan Law Review
A review of OUR LAWLESS POLICE. By Ernest Jerome Hopkins.
Equity-Injunctions - Enjoining Police Officers
Equity-Injunctions - Enjoining Police Officers
Michigan Law Review
The plaintiff asked for a temporary injunction restraining the defendant sheriff from raiding or otherwise interfering with a "marathon" dance contest conducted in a regularly licensed dance hall. No statute making such contests illegal was cited by the defendant. There was considerable evidence that the sheriff, who had formerly approved of the marathon, was using his authority to extort $5,000 from the plaintiff. Held, equity can restrain officers from extra-judicial condemnation by physical means, such as raids and continuous trespasses destroying the plaintiff's business, on the mere claim that the criminal law may be violated. Ruty v. Huelsenbeck (N. …