Elliott v. Haskins

CRAIL, P. J.

This is an action for damages for false

imprisonment against defendant Haskins, sheriff of San Luis Obispo County, and his bondsman, the Casualty Company; and against James E. Davis, chief of police of Los Angeles, and four of his arresting officers. The case was tried before a jury, but at the conclusion of the trial the court granted the motion of defendants for nonsuits and entered- judgment thereon. The appeal is taken from the judgment.

In June, 1935, the plaintiff was arrested in Los Angeles by the police officers without any warrant and held on suspicion for three days. He was then taken by Sheriff Haskins and held two days. There was probable cause for plaintiff’s arrest and no claim is made in the briefs to the contrary. The plaintiff urges other and less usual grounds for reversal.

The warrant of arrest used by Sheriff Haskins was a John Doe warrant which did not “particularly describe the party to be seized”. The first and paramount contention of the plaintiff is that since the warrant fails to particularly describe the party to be

seized

it is void on its face and illegally executed because it violates section 19 of article I of the

[593]

California Constitution, following the language of amendment No. 4 of the federal Constitution, which reads as follows : ‘ ‘ The right of the people to be secure in their persons, houses, papers and effects, against unreasonable seizures and searches, shall not be violated, and no warrants shall issue, but on probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons and things to be seized.” The above language is a part of the Bill of Rights of the federal Constitution.

This constitutional provision was primarily designed to protect the individual in the sanctity of his home and person and the privacy of his books, papers and property. But it does not prohibit reasonable rules and regulations adopted for the exercise of the police power of the state. (24 R. C. L. 704; 5 Cal. Jur. 695; 6 R. C. L. 197.)

Authority to issue warrants in criminal proceedings in California is provided by section 815 of the Penal Code, which reads as follows: ‘‘The warrants must specify the name of the defendant, or, if it is unknown to the magistrate, the defendant may be designated therein by any name. It must also state the time of issuing it, and the county, city, or town where it is issued, and be signed by the magistrate, with his name of office.” This section was enacted in 1872 and has been the law of the state ever since and in substance was the same as Criminal Practice Act, Statutes of 1851, page 224. It has been accepted as a reasonable provision for the issuance of criminal warrants during all these years. We find nothing therein which justifies the view that it is an improper exercise of the police power.