 | United States. Supreme Court - Law reports, digests, etc - 1879 - 784 pages
...affords no protection where the seizure is malicious. This is an error. The question of malice or of good faith is not an element in the case. It is not...man of prudence and caution in believing that the offence has been committed, it is sufficient. Whether the officer seized the occasion to do an act... | |
 | United States. Supreme Court - Law reports, digests, etc - 1879 - 790 pages
...before the officer are such as to warrant a man of prudence and caution in believing that the offence has been committed, it is sufficient. Whether the...whether he moved reluctantly, is quite immaterial. Mr. Justice Washington says, in Munn v. Dupont, 3 Wash. 87: "If malice is proved, yet if probable cause... | |
 | Law - 1879 - 552 pages
...attorneys, and custom collectors. 2. Facts and circumstances before the officer making the seizure, such as to warrant a man of prudence and caution in believing that the offense charged had been committed, constitutes "re»sonnble cause," within the meaning of this statute. The... | |
 | Walter Malins Rose - Bankruptcy - 1907 - 1018 pages
...collectors of customs and supervisors of internal revenue. « [bl Reasonable cause — certificate thereof. If the facts and circumstances before the officer...warrant a man of prudence and caution in believing that an offense had been committed it is sufficient, and the personal motives of the officer are immaterial.... | |
 | Walter J. Fourt - Liquor laws - 1925 - 210 pages
...cause in the officer's mind. That is, "the facts and circumstances before the officer must be such to warrant a man of prudence and caution in believing that the offense has been committed." The defense put forward the argument that the search should be limited by the common law rule as to... | |
 | Law reports, digests, etc - 1924 - 1090 pages
...rather than a mere ministerial act." discretion. The facts and circumstances before the court must be such as to warrant a man of prudence and caution in believing that the defendant is guilty. Stacy v. Emery, 97 US 642, 24 L. Ed. 1035. And when there is, as here, an utter... | |
 | United States. Internal Revenue Service - Taxation - 1926 - 620 pages
...642), a suit for damages for seizure by a collector, this court defined probable cause as follows: If the facts and circumstances before the officer...the offense has been committed, it is sufficient. Locke ». United States (7 Cr. 339) ; The Goerge (1 Mason 24) ; The Thompson (3 Wall. 155). It was... | |
 | United States. Supreme Court - Law reports, digests, etc - 1926 - 1158 pages
...1036, a suit for damages for seizure by a collector, this court defined probable cause as follows: "If the facts and circumstances before the officer...the offense has been committed, it is sufficient." Locke v. United States, 7 Cranch, 339, 3 L. ed. 364; The George, 1 Mason, 24, Fed. Cas. No. 5,328;... | |
 | Law reports, digests, etc - 1926 - 1116 pages
...Carroll v. United States, 267 US 132, 45 S. Ct. 230, 69 L. Ed. 543, the Supreme Court has recently said : "If the facts and circumstances before the officer...the offense has been committed, it is sufficient." See, also, Steele v. United States, 267 US 498, 45 S. Ct. 414, 69 L. Ed. 757. The warrant itself having... | |
| |
If the facts and circumstances before the officer are such as to warrant a man of prudence and caution in believing that the offense has been committed, it is sufficient. 
