Legal Opinion · Dissent

State v. Johnson

Supreme Court of Kansas

Decided May 10, 1924No. 25,048Published

1DissentHarvey, J.

The clash in legal principles here is whether a provision of our constitution is to be rendered meaningless by a rule of evidence. We have on the one hand the provisions of our state constitution:

“The right of the people to be secure in their persons and property against unreasonable searches and seizures, shall be inviolate; and no warrant shall issue but on probable cause, supported by oath or affirmation, particularly describing the place to be searched and the persons or property to be seized.” (Bill of Rights, § 15.)

And in criminal proceedings, “No person shall be a witness against…

2Cases cited23 opinions

  1. Boyd v. United StatesSupreme Court of the United States · 1886
  2. Weeks v. United StatesSupreme Court of the United States · 1914
  3. State v. LaundyOregon Supreme Court · 1922
  4. Essgee Co. of China v. United StatesSupreme Court of the United States · 1923
  5. Hoyer v. StateWisconsin Supreme Court · 1923

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