GOTTA HAVE A SEARCH
WARRANT SAYS LAWYER
However, Police Judge has
Different Views and Fines
Chicken Shorty $50.Has an officer a right to search a man on the streets for firearms without a search warrant?
Positively not; emphatically and unalterably and unquestionably not. It's against all the constitutions; against the state constitution and the national constitution and especially against the constitution of the man searched. The constitutions guarantee the inviolability of the person of every citizen from unnecessary seizure and arrest. Before an officer can make arrests under such circumstances he must go get a search warrant.
This was the gist of an impassioned argument before Police Judge T.D. Evans yesterday by former County Attorney John P. Evers. He was appearing for D.T. ("Chicken Shorty") Hatfield, charged with carrying A concealed weapon.
Found Hefty Pistol.
Hatfield was arrested by Officer F.A. Francis Friday night in the business section after the latter had discovered a hefty revolver protruding from one ef Shorty's pockets.
Francis said Shorty attracted his attention by his doubtful ability to carry home a good-sized "Jag." When ho stopped him. Shorty proceeded to "cuss out" the police force and everybody connected with it, said Francis, and Intimated that he bad a good notion to shoot up not only the force but the police court as well.
Attorney Evers spoke eloquently and impassionedly on the sacred rights of citizens and their personal liberties. He cited and quoted from the constitution and from a United States court decision in Kansas and one down in South Carolina to substantiate his claim that on officer cannot search a man, even tho he thinks he is armed, until he has first procured a search warrant.
"But suppose that having made the search, the officer discovers the man is armed and is violating the law?" interrupted Judge Evans. "Do you maintain he cannot be punished?"
Argument Impressive, But--
Yes, sir, Mr. Evans maintained it because he declared the officer had no right to make such a search and having it, the evidence could not be used against Shorty because a man cannot be forced to testify against himself.
Mr. Evers' argument was impressive but not convincing and Judge Evans assessed a fine of $50. Mr. Evers said he would not appeal.
Shorty Hatfield is the father of young Vernon Hatfield, who was shot and killed by members of the police force some months ago.[Tulsa Daily World, Tulsa, Oklahoma, Sunday, October 28, 1917. Morning Edition. Vol. XIII, No. 40 Pg. 8]
"Whereas civil rulers, not having their duty to the people duly before them, may attempt to tyrannize, and as military forces, which must be occasionally raised to defend our country, might pervert their power to the injury of their fellow citizens, the people are confirmed by the article [the Second Amendment] in their right to keep and bear their private arms."--Tench Coxe, under pseudonym "A Pennsylvanian," Philadelphia Federal Gazette, June 18, 1789. (Mr. Coxe was a leading proponent of the Constitution and Bill of Rights and an American political economist and a delegate for Pennsylvania to the Continental Congress in 1788-1789. He was appointed revenue commissioner by President George Washington on June 30, 1792).