SEARCHES AND SEIZURES - SEARCH AS INCIDENT OF UNLAWFUL SEIZURE - SEARCH WITHOUT WARRANT

Authors

Abstract

Where a sheriff took possession of an unattended car parked on the streets, in the belief that the automobile was stolen and without knowledge that it contained liquor, and two hours later searched it and seized liquor in the car, acting on information received subsequent to the seizure of the car but prior to the search for the liquor, held that the taking of the car by the sheriff was an unlawful act and the search was an incident thereof; that the search without a warrant was an unreasonable one under the South Dakota Constitution prohibiting unreasonable searches and seizures, since the information as a justification for the search must have existed at the time of the taking possession of the automobile. State v. Jackson, (S. D. 1933) 250 N. w. 55.

Recommended Citation

SEARCHES AND SEIZURES - SEARCH AS INCIDENT OF UNLAWFUL SEIZURE - SEARCH WITHOUT WARRANT, 32 Mich. L. Rev. 420 (1934).
Available at: https://repository.law.umich.edu/mlr/vol32/iss3/22