People v. Allen

The issue on this appeal is whether the search of a person unlawfully incarcerated in a jail, and the seizure of a narcotic in his possession which was revealed by this search, was illegal because in violation of the constitutional guarantee against unreasonable searches and seizures.

The defendant was arrested and placed in jail on a burglary charge; was not taken into custody under a warrant of arrest, as no complaint had been filed charging him with such, nor was there a showing that probable cause existed for believing that he had committed that offense; and, following a refusal to issue a…