State ex rel. Register v. Patterson
| Decision Date | 23 January 1904 |
| Docket Number | 6731 |
| Citation | 99 N.W. 67,13 N.D. 70 |
| Court | North Dakota Supreme Court |
Petition for a rehearing denied.
The petition of the state's attorney of Burleigh county for a rehearing in this case is denied. No point in the opinion is criticised, but he insists that some order should be made as to the disposition of the property seized under the search warrant. This matter is not before us. The motion under review was to set aside the search warrant and all proceedings under it. It did not ask that the property be returned. The warrant under which the sheriff made search and seizure was void. It afforded him no protection. His acts were as if done without any warrant whatever. It cannot be looked to in any sense as a justification for an unlawful seizure or withholding of property. That he dispossessed another of his property unlawfully is patent, but the question whether the beer can be held as evidence against the appellant in the main action, notwithstanding the unlawful means by which the law officer secured its possession, is not for us to determine upon this record.
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- State ex rel. Register v. Patterson