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" ... not probable cause for believing the existence of the grounds on which the warrant was issued, or (5) the warrant was illegally executed. "
Penal Code of State of Idaho, 1901 - Seite 420
von Idaho - 1901 - 597 Seiten
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First[-Fourth] Report of the Commissioners on Practice and Pleadings ...

New York (State). Commissioners on Practice and Pleadings - 1848 - 904 Seiten
...reduced to writing and authenticated in the manner presc ibed in section 19 '. § 898. If it appear that the property taken is not the same as that described...grounds on which the warrant was issued, the magistrate shall cause it to be restored to the person from whom it was taken. § 899. The magistrate shall annex...
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Compiled Laws of the State of California: Containing All the Acts of the ...

California, Selucius Garfielde, Frederick A. Snyder - 1853 - 1108 Seiten
...by each witness must be reduced to writing, and certified by the magistrate. SEC. 660. If it appear that the property taken is not the same as that described in the warrant, or that there is 110 probable cause for believing the existence of the grounds on which the warrant was issued, the...
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Digest of the Laws of California: Containing All Laws of a General Character ...

William H. R. Wood - 1857 - 834 Seiten
...witness must be reduced to writing, and certified by the magistrate. ART. 1838, Sec. 060. If it appear ngress, except for treason, felony, or breach of the peace. ARTICLE shall cause it to be restored to the person from whom it was taken. ART. 1839, Sec. 601. The magistrate...
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Provisional Laws and Joint Resolutions Passed at the First and Called ...

Colorado, Jefferson Territory - 1860 - 312 Seiten
...to writing and authenticated by the magistrate. When property to be restored. SEC. 447. If it appear that the property taken is not the same as that described...probable cause for believing the existence of the ground on which the warrant was issued, the magistrate shall cause it to be restored to the person...
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Laws of the Territory of Idaho

Idaho (Ter.) - 1864 - 762 Seiten
...by each witness must be reduced to writing, and certified by the magistrate. SEC. 647. If it appear that the property taken is not the same as that described...grounds on which the warrant was issued, the magistrate shall cause it to be restored to the person from whom it was taken. SEC. 649. Whoever shall maliciously...
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Laws of the Territory of Idaho

Idaho - 1864 - 734 Seiten
...issued be controverted, he must proceed to take testimony in relation thereto. SEC. 647. If it appear that the property taken is not the same as that described...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 given by...
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The General Laws of the State of California, from 1850 to 1864, Inclusive ...

California, Theodore Henry Hittell - 1865 - 662 Seiten
...of 2247. SEC. 660. If it appear that the property taken is not the same as that deproperty, scribed in the warrant, or that there is no probable cause...grounds on which the warrant was issued, the magistrate shall cause it to be restored to the person from whom it was taken. Return of 2248. SEO. 661. The magistrate...
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Cases Decided in the United States Court of Claims ... with Report ..., Band 139

United States. Court of Claims, Audrey Bernhardt - 1958 - 910 Seiten
...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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Treatise on the Civil and Criminal Jurisdiction of Justices of the Peace and ...

Charles W. Langdon - 1870 - 858 Seiten
...certified by the magistrate. 396. SKC. COO. If it appear that the property taken is not the same *t that described in the warrant or that there is no...grounds on which the warrant was issued, the magistrate shall cause it to be restored to the person from whom it was taken. 397. Sue. (id. The magistrate shall...
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The Penal Code of California, Band 4

California - 1872 - 698 Seiten
...must be reduced to writing and authenticated in the .manner prescribed in Section 869. 1540: (§ 660.) If it appears that the property taken is not the same...that there is no probable cause for believing the it existence of the grounds on which the warrant was issued, the magistrate must cause it to be restored...
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