Ex parte Olsen
| Decision Date | 17 November 1953 |
| Docket Number | No. 8063,8063 |
| Citation | 74 Idaho 400,263 P.2d 388 |
| Parties | Ex parte OLSEN. |
| Court | Idaho Supreme Court |
O. J. Bandelin, Sandpoint, Harold S. Purdy, Coeur d'Alene, for appellant.
Watt E. Prather, Pros. Atty., Bonners Ferry, Robert E. Smylie, Atty. Gen., for respondent.
Upon a petition alleging unlawful arrest and imprisonment by the sheriff of Boundary County, and alleging facts intended to establish that application to the district court for such a writ would be of no avail, a writ was issued out of this court. It appearing from the petition that certain issues of fact might be raised by the return, it was ordered that the return be made to, and hearing thereon be had before, Honorable Jack McQuade, District Judge, as referee for this court. Thereafter, return was made and hearing had before the referee and the referee has made findings, conclusions, and recommended order for disposition of the cause to this court, and this court has heard argument by counsel for the respective parties.
There is not much dispute concerning the facts. On the early morning of August 21, 1953, acting upon a broadcast 'pick up order', a night patrolman at Bonners Ferry in Boundary County stopped a car driven by petitioner and asked petitioner for his driver's license. He claimed to have lost his wallet containing the license. Meanwhile, two other officers appeared and upon further questioning the driver gave his name as James Davis and offered a certificate of title bearing that name as his only identification. Petitioner was taken to the sheriff's office and there, in connection with further questioning, various articles were taken from his automobile and from his jacket, found in the car. From these his true identity was determined, and admitted by him. Some of these items tend to connect petitioner with a burglary committed at Eureka, Montana. Thereupon, two criminal complaints were filed in the probate court of Boundary County; one charging petitioner with the possession of burglarious instruments, a misdemeanor, § 18-1406, I.C.; the other charging him with being a fugitive from justice in connection with the burglary alleged to have been committed at Eureka, Montana. § 19-4513, I.C. Warrants were issued upon these complaints and the petitioner was arrested, and placed in the county jail in custody of the sheriff, subject to bail.
In his return to the writ the sheriff sets forth these two commitments signed by the probate judge, and further shows that the proceedings as to both of these charges are still pending in the probate court, and have been continued by that court at the request of the petitioner pending the final decision in this proceeding.
The petitioner contends his arrest was and is illegal because at the time he was first detained by the officers he had not committed, and was not committing, any offense in their presence, and that they acted without a warrant; that the search of his automobile and personal effects was without warrant and not made in connection with any lawful arrest. For these reasons he asserts that the evidence obtained by the search is not competent or admissible, and that it is the only evidence which the state has to support the charges against him and that as a result he is illegally deprived of his liberty. He also contends that the charges were not filed in good faith, but only for the purpose of detaining him until he could be extradited to the state of Montana. He also calls attention to the fact that the warrant issued upon the fugitive complaint is irregular in that it purports upon its face to have been issued upon a complaint charging a burglary committed in Boundary County, Idaho.
The referee in his conclusions and 'recommended order' held that the claimed errors and irregularities in the proceedings leading to the issuance of the commitments by the probate court are not such as to entitle petitioner to be discharged from custody, and recommended that he be remanded to the sheriff. We are in agreement with the referee.
In such proceedings as these, the inquiry upon habeas corpus is almost wholly one as to jurisdiction. If it appears that the court issuing the process by which the petitioner is held, had jurisdiction of the subject matter, jurisdiction of the person of the accused, and jurisdiction to make and issue the particular order or process by which the accused is held, and the order or process is valid on its face, he cannot be discharged by habeas corpus.
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Franklin v. State
...validity of its judgment. Cobas v. Clapp, 79 Idaho 419, 319 P.2d 475, cert. den. 356 U.S. 941, 78 S.Ct. 785, 2 L.Ed.2d 816; Ex parte Olsen, 74 Idaho 400, 263 P.2d 388; In re Bean, 58 Idaho 797, 79 P.2d 540; In re Davis, 23 Idaho 473, 130 P. Assuming the issue as to the validity of the count......
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