CRIMINAL LAW-SEARCH AND SEIZURE-ADMISSIBILIY IN STATE COURT OF EVIDENCE ILLEGALLY SEIZED BY FEDERAL AUTHORITIES

Authors

Andrew W. Lockton, Ill, University of Michigan Law SchoolFollow

Abstract

Two federal narcotic officers accompanied by two state officers went into the defendant's residence, under the authority of a search warrant which authorized search only for marihuana. The search was fruitless. Observing an automobile in front, the two federal officers said something to the defendant, to which he replied, "why sure-look it over; you won't find anything in there." The federal officers were already searching the automobile when the state officers approaching the automobile saw a bottle of whiskey on the floor-board of the car. So far as can be gathered from the opinion, the state officers did not participate in the search by the federal officers until they saw the bottle of whiskey. Defendant was convicted of unlawful possession of liquor. On appeal, held, reversed. The evidence obtained by the search was inadmissible. Edwards v. State, (Okla. 1947) 177 P. (2d) 143.

Recommended Citation

Andrew W. Lockton, Ill, CRIMINAL LAW-SEARCH AND SEIZURE-ADMISSIBILIY IN STATE COURT OF EVIDENCE ILLEGALLY SEIZED BY FEDERAL AUTHORITIES, 46 Mich. L. Rev. 433 (1948).
Available at: https://repository.law.umich.edu/mlr/vol46/iss3/14