84 Pa. Super. 32 | Pa. Super. Ct. | 1924
Argued April 24, 1924. The sole question raised by this appeal is whether error was committed by the learned judge of the court of quarter sessions in discharging a rule granted to show cause why certain intoxicating liquors in possession of the Commonwealth's officers should not be returned to appellant.
The facts are undisputed. Appellant held a license to sell vinous, spirituous, malt and brewed liquors at retail at the Fifth Ward Hotel, in the City of Altoona, Blair County. He lived at the hotel, his dwelling and bedroom being on the second floor thereof. On August 26, 1921, a member of the state police, armed with a warrant regularly issued to him pursuant to a complaint charging appellant with the sale of intoxicating liquors, arrested appellant in his hotel. Immediately after the arrest the officers, without a search warrant, made a *34 search of the premises and discovered and seized about two hundred and twelve quarts of different kinds of liquors in appellant's bedroom. On January 16, 1922, appellant filed a petition in the court below, alleging that the search and seizure of the liquor was illegal and praying for a rule on the district attorney to show cause why the liquors should not be returned to him. Between the time of the entry of the rule and the hearing thereon, appellant was convicted on an indictment charging him with unlawfully possessing and selling intoxicating liquor. The liquor seized was used at the trial as evidence against him. He has complied with the sentence.
Appellant's distinguished counsel urge upon us that the seizure of the liquor was illegal, because it was made without a search warrant; and that for that reason it should be redelivered to his client. Article I, section 8, of our Constitution provides: "The people shall be secure in their persons, houses, papers and possessions from unreasonable searches and seizures, and no warrant to search any place or to seize any person or things shall issue without describing them as nearly as may be, nor without probable cause supported by oath or affirmation subscribed to by the affiant." It will be noted that only unreasonable searches and seizures are forbidden. There may be a lawful arrest or seizure without a warrant wherever that may reasonably be authorized at common law or by statute: Com. v. Schwartz,
But, irrespective of the legality of the seizure of the liquor, we are of opinion that appellant's conviction established it to be contraband and forfeit and that he no longer had any right of property therein. The verdict of the jury established the fact that the possession of the liquor by appellant was criminal in character; that it was in violation of the Woner Act (Act of May 5, 1921, P.L. 407, section 20). There is a wide difference between articles the possession of which, in itself, is a crime and property, in itself innocent, which is only evidential in character. "There is a clear distinction between a man's private papers which are neither the subject of crime nor the means of perpetrating it and stolen property, implements of gaming and other property kept and used for an unlawful purpose": State v. Stoffels,
Judgment affirmed.