United States v. Premises in Butte, Mont.

• Citation: 246 F. 185
• Decision Date: 17 October 1917
• Docket Number: 927.,926
• Parties: UNITED STATES v. PREMISES IN BUTTE, MONT. (two cases).
• Court: U.S. District Court — District of Montana

246 F. 185

UNITED STATES v. PREMISES IN BUTTE, MONT. (two cases).

Nos. 926, 927.

United States District Court, D. Montana.

October 17, 1917

B. K Wheeler, U.S. Atty., of Butte, Mont., and H. G. Murphy, Asst U.S. Atty., of Helena, Mont., for petitioner.

BOURQUIN District Judge.

The district attorney presents affidavits 'that he has good reason to believe and does verily believe' that in certain described premises in Butte is 'certain property to wit, account books, letter press, copying books, carbon copies of letters and telegrams, maps, models, * * * typewriters,' which have been unlawfully used to cause or attempt to cause insubordination, disloyalty, mutiny, and refusal of duty in the military and naval forces of the United States in the war, and kindred offenses, and warrants are sought to search and seize. In support are filed reports of government officers and depositions, from which it appears one Carl Pohl, now of Butte, is suspicioned of being a German spy, engaged in German service, and the warrants are expected to find evidence thereof amongst his effects.

It seems Pohl is of German nativity, now a citizen of Canada who entered the United States irregularly more than two years ago, but which irregularity has been cured, and with his family resides in Butte, ostensibly in realty and insurance business. For some months he has been and now is in the employ of a local mining company, to create sentiment favorable to the company and adverse to antagonistic labor unions and so-called I.W.W., and therein has given satisfactory service. Amongst other things he warned his employer against certain German influence, and they procured the departure of persons they suspected of German service; Pohl insisting prosecution would render his life worth nothing. His duties brought him in association with the foreign element thought of German sympathies; he also being of like sympathy. His employer deposes he was told his informant believed Pohl and others were writing and mailing reports, and the employer wondered if to German agencies. Accordingly he consulted Byrn, of the Department of Justice, and the latter concluded that in any event Pohl was of less harm than good. And Byrn deposes he has investigated Pohl for some months, but, although 'many suspicious circumstances have been developed,' he does not feel a sufficient amount of evidence is at hand 'to warrant Pohl's prosecution under any federal statute.'

The conclusion of Byrn, an experienced and skillful investigator, accords with the facts laid before the judge. Hence, as it does not appear probable that Pohl has committed any of the offenses charged against the United States, nor that he has any of the property or papers described and that are designed or intended as means to such offense, the warrants must be refused. The Fourth Amendment to the Constitution declares:

'The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation and particularly describing the place to be searched and the persons or things to be seized.'

It...