Speech #670383615

This is the common law. the law which derives its force rem the custom of centuries. A constitutional guaranty that no warrant shall issue but upon probable cause. supported by oath or affirmation. would be an absurdity if general arrests could be made without warrant. or if a warrant for one person would afford justification for taking 2 or for 400 could sanction the arrest of 600. Arrest without warrant rests upon the common law. but there is no common law touching arrest for deportation. It Is purely statutory in its origin and the statute neither authorizes nor contemplates an arrestexcept by virtue of a warrant. It will bear repetition that there was no charge of crime. either felony or misdemeanor. against any of those caught in the raids. It should be said In palliation of the evident disregard of the law and the Constitution on the part of the department in connection with these arrests without a warrant. that the course followed had the sanction in part of a practice of some years standing at least. pursued by the Department of Labor and crystallized Into a rule promulgated by it for the guidance of its agents. as follows: "Application for warrant of arrest: * * * Telegraphic application may be resorted to only in case of necessity. or when some substantial interest of the Government would be subserved thereby. and must state (a) that the usual written application is being forwarded by mail. and (b) the substance of the facts and proof therein contained. The code supplied by the department should be used whenever practicable." (Rules of May 1. 1917. of Bureau of Immigration. pp. 7172.1 The procedure in accordance with this rule is detailed by Mr. Kelleher In his testimony. (Hearings. p. 496.) Manifestly no sworn statement could be before the department until the arrival of the affidavits and the warrant sent by wire is wholly without the support required by the fourth amendment of the existence of which both departments seemed to be entirely oblivious. It remains. however. as it is to be hoped. in its pristine vigor as follows : " 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." Apparently the Department of Labor realized that a warrant of some kind on some foundation was requisite for arrest or to Justify detention.