State v. McDaniels

The undisputed evidence in this case shows that on May 11, 1925, at the Gem rooming-house in Billings, officers, without having- a warrant therefor, placed the defendant under arrest. As they did so, a bindle, or package, of opium containing about ten grains, fell on the floor at defendant’s feet. This bindle either accidentally fell from the defendant’s pocket or he voluntarily threw it away. How it got to the floor from defendant’s person is immaterial on this appeal. It was immediately picked up by the officers, who declared in defendant’s presence: “Here it is; here’s the stuff.” The…