Page:United States Statutes at Large Volume 48 Part 1.djvu/360

 334 73d C ONGRESS. SESS. II. CH. 4. JANUARY 24, 1934 . Vol.39.P. 1127 . Ante, p.28 . S earch war rants. more than thirty days or by both such fine and imprisonment in the discretion of the court. (c) Section 11 of the Act of Congress entitled "An Act to prevent the manufacture and sale of alcoholic liquors in the District of Columb ia, an d for other purpo ses " , approved March 3, 1917, as amended by the Act of Congress entitled "An Act to provide revenue for the District of Columbia by the taxation of beverages, and for other purposes ", approved April 5, 1933, and section 20 of said Act approved March 3, 1917, are hereby repealed. SEC. 29 . (a) A search warrant may be issued by any judge of the police court of the District of Columbia or by a United States Commissioner f or the Distri ct of Columbi a when any alc oholic bev- erages are manufactured for sale, kept for sale, or sold in violation of the provisions of this Act, and any such alcoholic beverages and any other property designed for use in connection with such unlaw- ful manufacture for sale, keeping for sale, or selling may be seized thereunder, and shall be subject to such disposition as the court may make thereof, and such alcoholic beverages may be taken on the warrant from any house or other place in which it is concealed. (b) A search warrant cannot be issued but upon probable cause supported by affidavit particularly describing the property and the place to be searched. (c) The judge or commissioner must, before issuing the warrant, examine on oath the complainant and any witness he may produce, and require their affidavits or take their depositions in writing and cause them to be subscribed by the parties making them. (d) The affidavits or depositions must set forth the facts tending to establish the grounds of the application or probable cause for believing that they exist. (e) If the jud ge or commiss ioner is there upon satisfie d of the existence of the grounds of the application or that there is probable cause t o belie ve thei r exis tence, he must issue a sear ch warr ant si gned by him with his name of office to the major and superintendent of police of the District of Columbia or any member of the Metropolitan Police Department, stating the particular grounds or probable cause for its issue and the names of the persons whose affidavits have been taken in suppo rt thereof, a nd commanding him forthwith to search the place named for the property specified and to bring it before the judge or commissioner. (f) A search warrant may in all cases be served by any of the officers mentioned in its direction, but by no other person, except in aid of the officer on his requiring it, he being present and acting in its executi on. (g) The officer may break open any outer or inner door or window of a house, or any part of a house, or anything therein, to execute the warrant, i f, after noti ce of his aut hority and pur pose, be is refused admitt ance. (h) The judge or commissioner must insert a direction in the warrant that it be served in the daytime unless the affidavit is posi- tive that the property is in the place to be searched in which case he must insert a direction that it be served at any time in the day or night. (i) A search warrant must be executed and returned to the judge or commissioner who issued it within ten days after its date ; after the exp iration of thi s time the wa rrant, unless execut ed, is void. (j) When the o fficer takes property under the warrant, he must give a copy of the warrant together with a receipt for the property taken (specifying it in detail) to the person from whom it was taken