State v. Arnold
Montana Supreme Court
1Opinion of the Court
The right to search as an incident to the arrest does not extend to any place other than the precise room in which the person is arrested. The officers have no right to search any part of the premises except the room where the arrest is made. (People v. Woodward, 220 Mich. 511, 190 N.W. 721; People v.Conway, 225 Mich. 152, 195 N.W. 679.) The arrest was in the dwelling while the hides were found near the slaughter-house, a quarter of a mile distant. As a matter of fact, the record positively shows that the search was made under the warrant. For the state to now claim that the search was made…
2Cases cited112 opinions
- People v. . MolineuxNew York Court of Appeals · 1901
- Hester v. United StatesSupreme Court of the United States · 1924
- People v. . BeckerNew York Court of Appeals · 1914
- People v. DavisMichigan Supreme Court · 1884
- State v. ArreguiIdaho Supreme Court · 1927
107 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- State v. BullockMontana Supreme Court · 1995
- Kolkman v. PeopleSupreme Court of Colorado · 1931
- State v. CatesMontana Supreme Court · 1934
- State v. RivenbarkCourt of Appeals of Maryland · 1987
- State v. McComasMontana Supreme Court · 1929
7 more not listed; retrieve them via the Exa API.