State v. Patterson

• Decision Date: 05 February 1923
• Docket Number: 23042
• Court: Mississippi Supreme Court
• Parties: STATE v. PATTERSON

95 So. 96

130 Miss. 680

STATE v. PATTERSON

No. 23042

Supreme Court of Mississippi

February 5, 1923

SEARCHES AND SEIZURES. Evidence procured by unlawful search or seizure inadmissible against accused.

Under section 23 of the state Constitution of 1890, providing "The people shall be secure in their persons, houses and possessions, from unreasonable seizure or search; and no warrant shall be issued without probable cause, supported by oath or affirmation, specially designating the place to be searched or the person or thing to be seized," evidence procured by an unlawful seizure or search is not admissible in evidence against the accused. Tucker v. State, 128 Miss. 211, 90 So. 845, cited.

HON. C P. LONG, Judge.

APPEAL from circuit court of Tishomingo county, HON. C. P. LONG Judge.

Henry Patterson was convicted in the court of the justice of the peace for unlawfully having control of intoxicating liquor, and appealed to the circuit court. From an order of the circuit court sustaining a motion to quash the indictment, the State appeals. Affirmed.

Affirmed.

C. E. Dorroh, special agent for the state.

The only question here to be decided is whether or not there was an unreasonable search and seizure. Appellant is not unmindful of the case of Tucker v. State, 92 So. 845, and other cases decided since the opinion in the Tucker case. If this court holds that the evidence of its being whisky, could not be used against defendant, even though found in his possession, then the lower court should be upheld in its ruling, which ruling was contrary to the lower court's best judgment.

Honorable John H. Wigmore, author of "Wigmore on Evidence," Dean of Law School of Northwestern University, wrote an interesting article on "Using Evidence Obtained by Illegal Search and Seizure," which appears in the August number of the American Bar Association Journal. This article discusses the very proposition which is presented in this case.

OPINION

ETHRIDGE, J.

Henry Patterson was charged by an affidavit before a justice of the peace for unlawfully having control or possession of intoxicating liquor against the peace and dignity of the state, and was by the justice of the peace convicted and sentenced to pay a fine of one hundred dollars and costs from which an appeal was prosecuted to the circuit court. In the circuit court an agreed statement of facts was made in which it was agreed that two officers had located a jug of whisky, and had hidden themselves for the purpose of apprehending the owner thereof, and while they were in hiding the defendant and another person approached within ten or fifteen steps of where the whisky was hidden, and the defendant said to the other party, "Where is it?" And the other party told him, "Around there somewhere." About this time the officers...