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" taken is the same as that described in the warrant and that there is probable cause for believing the existence of the grounds on which the warrant was issued, then the judge or commissioner shall order the same retained in the custody of the person seizing... "
The Federal Reporter - Стр. 411
1929
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United States Reports: Cases Adjudged in the Supreme Court, Том 369

United States. Supreme Court - 1962 - Страниц: 1000
...on its face, or (3) the property seized is not that described in the warrant, or (4) there was not probable cause for believing the existence of the grounds on which the warrant was issued, or (5) the warrant was illegally executed. The judge shall receive evidence on any issue of fact necessary...
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The Code of Criminal Procedure of the State of New York

New York (State)., New York (State). Commissioners on Practice and Pleadings - 1850 - Страниц: 558
...appear that the property taken is not the same as that described in the warrant, or that there is no probable cause for believing the existence of the grounds on which the warrant was issued, the magistrate must cause it to be restored to the person from whom it was taken. § 880. The magistrate...
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Compiled Laws of the State of California: Containing All the Acts of the ...

California, Selucius Garfielde, Frederick A. Snyder - 1853 - Страниц: 1106
...appear that the property taken is not the same a? that described in the warrant, or that there is no probable cause for believing the existence of the grounds on which the warrant was issued, the magistrate shall cause it to be restored to the person from whom it was taken. SEC. 661. The magistrate...
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Laws of the Territory of Idaho

Idaho (Ter.) - 1864 - Страниц: 762
...appear that the property taken is not the same as that described in the warrant, or that there is no probable cause for believing the existence of the grounds on which the warrant was issued, the magistrate shall cause it to be restored to the person from whom it was taken. SEC. 646. The testimony...
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General Orders

United States. War Department - Страниц: 736
...that the property or paper taken is not the same as that described in the warrant or that there is no probable cause for believing the existence of the grounds on which the warrant was issued, the judge or commissioner must cause it to be restored to the person from whom it was t:iken; but if...
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Laws of the Territory of Idaho

Idaho - 1864 - Страниц: 746
...appear that the property taken is not the same as that described in the warrant, or that there is no probable cause for believing the existence of the grounds on which the warrant was issued, the magistrate shall cause it to be restored to the person from whom it was taken. SEC. 648. The magistrate...
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Iowa Criminal Code and Digest and Criminal Pleading and Practice

Jacob Conrad Davis - 1879 - Страниц: 698
...appear that the property taken is not the same as that described in the warrant, or that there is no probable cause for believing the existence of the grounds on which the warrant was issued, the magistrate shall cause it to be restored to the person from whom it was taken. SEC. 4648. If the...
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A Treatise on the Criminal Law and Criminal Courts of the State of ..., Том 2

Oliver Lorenzo Barbour - 1883 - Страниц: 840
...appear that the property taken is not the same as that prescribed in the warrant, or that there is no probable cause for believing the existence of the grounds on which the warrant was Issued, the magistrate must cause it to be restored to the person from whom it was taken. (Code Cr. Pro., §...
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The Code of Criminal Procedure of the State of New York: With Notes of ...

New York (State) - 1885 - Страниц: 550
...authenticated.— that the property taken is not the same as that prescribed in the warrant, or that there is no probable cause for believing the existence of the grounds on which the warrant was issued, the magistrate must cause it to be restored to the person from whom it was taken. § 809. Property,...
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The Code of Alabama: Criminal

Alabama - 1907 - Страниц: 1132
...for the execution, before the same is executed; and if, on the hearing, it appear that there was no probable cause for believing the existence of the grounds on which the warrant was issued, the whole costs may be taxed against the complainant, and an execution issued therefor, returnable...
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