McDonald v. State

Possessed of a search warrant valid on its face, six officers, after sufficiently serving the warrant on McDonald, searched his premises for intoxicating liquors. They found no liquors, and left. An hour later they returned, and, purporting to act under the authority of this same warrant, made another search. This time they found the whiskey upon which this conviction rests. Evidence of its finding was unsuccessfully excepted to by McDonald on the ground that the second search violated his constitutional right to security in house and possessions from unreasonable search. The determinative…