|
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
16
19
20
21 |
assuming, of course, that the raid was an illegal raid --
because there are many that aren't.
THE CHAIRMAN: Delegate Rybczynski.
DELEGATE RYBCZYNSKI: For the purposes of
this question that is true. I am asking you the question
that because of the failure of the constable to
properly serve the warrant, as you said a little while ago,
the charge is dismissed in criminal court. By this amend-
ment would it be true that that same licensee could not
be brought before the licensing agency which issued the
license in the first place?
DELEGATE BOTHE: You are obviously trying to
create the impression that if the warrant weren't properly
served it would constitute an illegal search. As a better
lawyer than I am, you know this is not so.
The reasonableness of search and seizure would
be the question before the administrative agency. And
the fact that the criminal proceeding found that the evi-
dence was inadmissible would not necessarily be binding upon
the liquor board or whatever agency it was who determinded
whether the evidence could be used against the licensee. |