SEARCHES AND SEIZURES-RIGHT TO SEARCH A HOUSE AS INCIDENT TO LAWFUL ARREST

Authors

Abstract

On a reasonable belief that the prohibition law was being violated, officers entered Marcucci's basement and arrested Marcucci and the other men present. On the table, when the officers entered, were several gallon jugs of wine, and several of the men were intoxicated. Observing that the door at the end of the passageway leading from the room was open, one of the officers investigated and found in the sub-cellar twenty-five barrels of wine. Also, noting a locked door in the sub-cellar, the officer requested the key of Marcucci who at first denied possession but finally produced it. In the closet to which the door led were eight more barrels. The wine was taken into the custody of the police department, Marcucci was tried and fined; and this action was brought by the prosecuting attorney for the disposal of the wine, which raised the question as to whether it was in costodia legis. Held, that the acts of the officers did not constitute an unreasonable search, and that the liquor was within the custody of the law. Pickett v. Marcucci's Liquors (Conn. 1930) 151 Atl. 526.

Recommended Citation

SEARCHES AND SEIZURES-RIGHT TO SEARCH A HOUSE AS INCIDENT TO LAWFUL ARREST, 29 Mich. L. Rev. 646 (1931).
Available at: https://repository.law.umich.edu/mlr/vol29/iss5/35