Summary
In Matter of Both (200 App. Div. 423, 424) the court said: "The court has inherent power to order the return to the owner of books, papers or other articles illegally seized or detained by a magistrate or other public officer charged with the administration of the criminal law.
Summary of this case from People v. Du BoisOpinion
February, 1922.
Present — Blackmar, P.J., Kelly, Jaycox, Manning and Young, JJ.
The motion is granted so far as to require the Hon. Selah B. Strong, a justice of the Supreme Court, sitting as a magistrate, to return the books and papers of the petitioners, except those which are in the possession of the district attorney of Nassau county and before the grand jury; in other respects the motion is denied.