People v. Roache

In searching the defendant’s automobile without a warrant the officer exceeded his authority and invaded a constitutional right of the defendant. The evidence against him was obtained by an unlawful search and seizure, and the motion to suppress, timely and properly made, should have been granted. To permit the searching of automobiles by one invested with official authority, under such circumstances as obtain in the instant case, can mean but one thing, the right to indiscriminately stop any one driving along the public highway and subject him to the ignominy of a search of his personal and…