Plaintiff demanded a writ of prohibition against the defendant, a justice of the peace, to prevent his proceeding to determine ownership of trademarked milk bottles seized from plaintiff's milk truck under a search warrant. A statute required the issuance of a search warrant when any person made affidavit that he had reason to believe and did believe that trademarked receptacles were being wrongfully held. Held, writ of prohibition granted since the statute was unconstitutional in requiring the issuance of a search warrant without a showing of facts constituting probable cause, and in allowing the affiant instead of the judicial officer to determine probable cause. Allen v. Lindbeck, 97 Utah 471, 93 P. (2d) 920 (1939).
William C. Wetherbee,
SEARCHES AND SEIZURES - CONSTITUTIONALITY OF STATUTE PROVIDING FOR ISSUANCE OF SEARCH WARRANT ON AFFIDAVIT ON INFORMATION AND BELIEF,
Mich. L. Rev.
Available at: https://repository.law.umich.edu/mlr/vol39/iss2/25