CRIMINAL LAW AND PROCEDURE - SEARCHES AND SEIZURES - SUFFICIENCY OF DESCRIPTION IN WARRANT

Authors

Abstract

Prosecuted for unlawful possession of liquor, defendant moved to suppress the evidence on the ground that the following description in the warrant, under authority of which the liquor was seized, fails sufficiently to describe the premises searched: " . . . on the northwest cor. in Block 'A,' Robinson Addition in the City or Town of Elk City (Cor. 9th and Oliver Sts. Beckham County, State of Oklahoma)." Block A was originally not subdivided and was without streets. It was later subdivided and 9th and Oliver Streets crossed near the center of the block. The house searched was on Lot 22 of Block A, and the defendant resided there. Held, the warrant failed to describe the premises to be searched as particularly as may be and was therefore insufficient as per sec. 3223 Okla. Stat. 1931. Pixler v. State, (Okla. 1932) 13 Pac. (2d) 875.