3 Conn. Cir. Ct. 641 | Conn. App. Ct. | 1966
By informations dated May 23, 1966, the defendants were charged with the crime of pool selling in violation of § 53-295 of the General Statutes. On May 20, 1966, certain real and personal property and the persons of the defendants were
To quash means to “abate, annul, overthrow” or “make void.” Webster, Third New International Dictionary. A motion to quash lies only for defects apparent on the face of the proceedings, it is not favored, and the court will exercise its power to quash with great caution and only in very clear cases. Wickwire v. State, 19 Conn. 477, 484.
A search warrant can only be issued upon the affidavit of the prosecuting attorney or two credible persons, sworn to before the judge and establishing the grounds for issuing the warrant; if the judge is satisfied that grounds for the application exist or that there is probable cause to believe they exist, he
A warrant is a legal process issued by competent authority for, in this case, the search and seizure of specified persons and property. In issuing the warrant, the judge is not doing a ministerial act but is exercising his judicial discretion in determining whether sufficient grounds exist, or that there is probable cause that they exist, for the issuance of the warrant. State v. Licari, 153 Conn. 127, 132. A lawful signature to a warrant by the person authorized to issue it is essential to its issuance. Perry v. Johnson, 37 Conn. 32, 35; State v. Fleming, 240 Mo. App. 1208, 1213; Divine v. Commonwealth, 236 Ky. 579, 580; 4 Wharton, Criminal Law and Procedure § 1551. “ [I] t is important in the use of all criminal forms of proceeding, the execution of which involves the liberty of the citizen, that the greatest practicable strictness and regularity should be observed . . . .” Perry v. Johnson, supra, 35.
The fourth amendment to the constitution of the United States, made obligatory upon the states (Ker v. California, 374 U.S. 23, 33), and § 7 of article first of the constitution of Connecticut, in almost identical language, guarantee citizens to be free in their persons, houses, papers and possessions against unreasonable search and seizure and forbid the issuance of a search warrant except upon probable cause supported by oath or affirmation. The privacy of a citizen’s home and his personal effects are thus made safe against the government and its agents by these provisions, which say that these sacred rights may not be violated except by virtue
The unsigned and undated search warrant is fatally defective, invalid and void and conferred no authority to act thereunder.
The motions to quash are granted.