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eBook details

• Title: State v. Ladue
• Author : Supreme Court of Montana
• Release Date : January 12, 1925
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 52 KB

Description

Intoxicating Liquors ? Manufacture and Possession ? Searches and Seizures ? Void Search-warrant ? Absence of Approval by County Attorney ? Suppression of Evidence ? Constitution. Search-warrant ? When Void. 1. A search-warrant issued without the approval of the county attorney is void. (Chap. 116, Laws of 1923.) Same ? When Search and Seizure Valid Without Warrant or Under Void Warrant. 2. To render a search or seizure violative of the constitutional rights of the owner, it must have been "unreasonable"; hence an officer who has probable cause for believing that an offense is being committed in his presence may search and seize without a warrant, or under a void warrant, and, his act under such circumstances not being unreasonable, the owner cannot complain. Same ? Suppression of Evidence ? Burden upon Movant to Show Illegality of Seizure. 3. On motion to suppress evidence secured illegally the burden of establishing the illegality of the seizure rests upon the movant. Same ? Seizure of Articles When Crime Committed in Presence of Officers Proper. 4. Where an officer had driven to defendants ranch, observed smoke rising from an outbuilding and defendant, emerging therefrom, left the door open, enabling the officer, some distance away, on defendants land, to see a still in operation, he was justified in seizing it (par. 2, above), though the search-warrant in his possession was void, and the defendants motion to suppress the evidence was properly overruled. Same ? Extent of Constitutional Guaranty. 5. The constitutional guaranty (Art. III, sec. 7), against unreasonable searches and seizures extends only to ones person, papers, home and effects; hence defendants contention that trespass by an officer upon his land so near to an outbuilding in which a still was being operated as to observe it in operation violated his constitutional right has no merit, the guaranty not covering his field (or the roadway). - Page 536

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