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" If it appear that the property taken is not the same as that prescribed in the warrant, or that there is no probable cause for believing the existence of the grounds on which the warrant was issued, the magistrate must cause it to be restored to the person... "
The Code of Criminal Procedure and Penal Code of the State of New York: As ... - Page 260
by New York (State) - 1901 - 447 pages
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First[-Fourth] Report of the Commissioners on Practice and Pleadings ...

New York (State). Commissioners on Practice and Pleadings - 1848 - 904 pages
...ibed in section 19 '. § 898. If it appear that the property taken is not the same as that described 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. § 899. The magistrate shall annex...
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The Code of Criminal Procedure of the State of New York

New York (State)., New York (State). Commissioners on Practice and Pleadings - 1850 - 558 pages
...see sec. 203, p. 95. § 879. If it appear that the property taken is not the same as that described in the warrant, or that there is no probable cause...be restored to the person from whom it was taken. § 880. The magistrate must annex together the depositions, the search warrant and return, and the...
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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 pages
...by the magistrate. SEC. 660. If it appear that the property taken is not the same a? that described 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. SEC. 661. The magistrate shall...
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Digest of the Laws of California: Containing All Laws of a General Character ...

William H. R. Wood - 1857 - 834 pages
...magistrate. ART. 1838, Sec. 060. If it appear that the property taken is not the same as that described . 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 pages
...property to be restored. SEC. 447. If it appear that the property taken is not the same as that described in the warrant, or that there is no 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 pages
...by the magistrate. SEC. 647. If it appear that the property taken is not the same as that described 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. SEC. 649. Whoever shall maliciously...
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Laws of the Territory of Idaho

Idaho - 1864 - 734 pages
...relation thereto. SEC. 647. If it appear that the property taken is not the same as that described 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. 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 pages
...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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Treatise on the Civil and Criminal Jurisdiction of Justices of the Peace and ...

Charles W. Langdon - 1870 - 858 pages
...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 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. 397. Sue. (id. The magistrate shall...
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The Penal Code of California, Volume 4

California - 1872 - 698 pages
...the same as that described in the warrant, or that there is no probable cause for believing the it existence of the grounds on which the warrant was...be restored to the person from whom it was taken. from whom it was taken. 1541. (§ 661.) The magistrate must annex tov ' ' ' • tions, gether the depositions,...
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