Clyde Albert Walker v. United States

I respectfully dissent. This decision seems to me to be a serious blow to efficient law enforcement not required by the Fourth Amendment. The search and seizure, I think, were reasonable as incidental to the arrest of appellant, and if not, then most certainly as incidental to the arrest of his co-defendant, Johney Nunnally.

Before entering upon the appellant’s premises, the officers had no information that there was a still in his barn, and hence they had no intention of searching the barn, but were headed direct for a search of the woods.1 When within 30 to 60 feet of the barn, Officers…