Barnard v. State
| Decision Date | 11 November 1929 |
| Docket Number | 28059 |
| Citation | 124 So. 479,155 Miss. 390 |
| Court | Mississippi Supreme Court |
| Parties | BARNARD v. STATE |
1. CRIMINAL LAW. Searches and seizures. Search of premises leased by defendant and not described in warrant held unlawful, and evidence obtained not admissible "possessions" (Constitution 1890, section 23).
Where deputy sheriffs, having search warrant to search certain premises, after completing that search, followed path out of such premises, and after proceeding some distance into a brake found still in operation on land of which defendant was in possession as lessee, such search warrant was unlawful under Constitution 1890, section 23, since word "possessions," in Constitution, includes uninclosed lands, and evidence regarding things learned as result of unlawful search was improperly admitted.
2. CRIMINAL LAW. Where defendant, while witness, denied every incriminatory assertion of state's witnesses making unlawful search, evidence obtained by unlawful search was improperly admitted.
Where defendant, while witness in his own behalf, denied every incriminatory assertion of state's witnesses making unlawful search, evidence obtained as result of such unlawful search was improperly admitted.
APPEAL from circuit court of Sunflower county, HON. S. F. DAVIS, Judge.
Dan Barnard was convicted of an offense, and he appeals. Reversed, and defendant discharged.
Reversed and appellant discharged.
Frank E. Everett, of Indianola, and T. D. Allen, Jr., of Shaw, for appellant.
Search of premises leased by defendant and not described in warrant is unlawful and evidence obtained thereby is not admissible.
Constitution 1890, sec. 23; Tucker v. State, 128 Miss. 211, 90 So. 545; Owen v. State, 133 Miss. 753, 98 So. 235; Butler v. State, 129 Miss. 778, 93 So. 3; State v. Patterson, 130 Miss. 680, 95 So. 96; Miller v. State, 129 Miss. 774, 93 So. 2; Strangi v. State, 98 So. 340; Taylor v. State, 98 So. 459; Rignall v. State, 98 So. 444; Falkner v. State, 98 So. 691; Helton v. State, 101 So. 701; Vaughn v. State, 101 So. 439.
Hardy R. Stone, Assistant Attorney-General, for the state.
Accused cannot complain regarding admission of evidence obtained by unlawful search and seizure where he testified to facts revealed by such evidence.
Bowman v. State, 152 Miss. 195.
Incompetent evidence of the state where facts are admitted in testimony by the accused is not error.
Blowe v. State, 130 Miss. 113.
Argued orally by J. M. Forman, for appellant.
Two deputy sheriffs, having in hand a search warrant to search the premises of one Chuck White, after completing that search, followed a path leading out of and beyond the premises aforesaid, and after proceeding some distance into a brake found a still in full operation, and according to their testimony the defendant was the person who was then and there actually engaged in the said operation. The land upon which the still was found was under lease by the defendant, and, according to the undisputed proof, the defendant was in possession of the said land as such lessee, and it is undisputed that the said officers had no search warrant for the said premises of this defendant, and that they had no information sufficient to constitute probable cause, so far as said defendant and his said premises and possessions were concerned.
Whatever may be the individual opinion of any member of this court or of any trial judge touching the wisdom of so broad a provision in our Constitution (1890) as is found in the use of the word "possessions" in section 23, whereby the court has felt constrained to interpret the provision as including uninclosed lands, it is so provided, and has so often been so interpreted that there is nothing now to do but to follow. It was, therefore plain error to admit the evidence of the officers of anything learned...
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Walker v. United States
...987; Childers v. Commonwealth, 198 Ky. 848, 250 S.W. 106, 107; Cotton v. Commonwealth, 200 Ky. 349, 254 S.W. 1061, 1062; Barnard v. State, 155 Miss. 390, 124 So. 479; Helton v. State, 136 Miss. 622, 101 So. 701; Falkner v. State, 134 Miss. 253, 98 So. 691. 6 See cases cited in 79 C.J.S., Se......
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State v. Dixson
...66, 514 A.2d 1241 (1986) ("possessions"); Ratzell v. State, 27 Okla.Crim. 340, 228 P. 166 (1924) ("effects"). But see Barnard v. State, 155 Miss. 390, 124 So. 479 (1929) (the word, "possessions," in section 23 of the Mississippi Constitution of 1890 includes unenclosed lands); Welch v. Stat......
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Corry v. State, 96-KA-01251-SCT
...101 So. 701 (1924) ( officers found two kegs of liquor after entering defendant's property without a search warrant); Barnard v. State, 155 Miss. 390, 124 So. 479 (1929) (officers found a still after entering property leased by the defendant without a search warrant); Davis v. State, 144 Mi......
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Skipper v. State, 4 Div. 781
...the curtilage of the defendant's home, that evidence secured without a search warrant, was illegal and inadmissible. Barnard v. State, 155 Miss. 390, 124 So. 479; Welch v. State, 154 Tenn. 60, 289 S.W. "However, in the cases of Hester v. United States, 265 U.S. 57, 44 S.Ct. 445, 68 L.Ed. 89......
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§ 6.06 OPEN FIELDS
...field."[100] Hester v. United States, 265 U.S. 57 (1924).[101] 466 U.S. 170 (1984); contra under the state constitution, Barnard v. State, 124 So. 479 (Miss. 1929) (an open field is subject to state constitutional protection); People v. Scott, 593 N.E.2d 1328 (N.Y. 1992) (same); Welch v. St......
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§ 6.06 Open Fields
...field."[94] Hester v. United States, 265 U.S. 57 (1924).[95] 466 U.S. 170 (1984); contra under the state constitution, Barnard v. State, 124 So. 479 (Miss. 1929) (an open field is subject to state constitutional protection); People v. Scott, 593 N.E.2d 1328 (N.Y. 1992) (same); Welch v. Stat......
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TABLE OF CASES
...2002), 234 Balsys, United States v., 524 U.S. 666 (1998), 415 Banks, United States v., 540 U.S. 31 (2003), 175, 176 Barnard v. State, 124 So. 479 (Miss. 1929), 83 Barron v. Baltimore, 32 U.S. (7 Pet.) 243 (1833), 39 Bartlett, State v., 999 P.2d 274 (Kan. 2000), 330 Batts, State v., 195 P.3d......
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Table of Cases
...(Mass. 2002), 251 Balsys, United States v., 524 U.S. 666 (1998), 453 Banks, United States v., 540 U.S. 31 (2003), 191 Barnard v. State, 124 So. 479 (Miss. 1929), 87 Barron v. Baltimore, 32 U.S. (7 Pet.), 43 Bartlett, State v., 999 P.2d 274 (Kan. 2000), 358 Batts, State v., 195 P.3d 144 (Ala......