Legal Opinion

Jokosh v. State

Wisconsin Supreme Court

Decided June 5, 1923PublishedCited by 40 opinions

1Opinion of the CourtVinje, C. J.

It will be seen from the statement of facts that the bottle was taken from the person of the defendant forcibly and against his will and without a search warrant for his person, thus constituting a search and seizure within the condemnation of sec. 8, art. I, and of sec. 11, art. I, of the constitution. Dunn v. Lowe, 203 Mass. 516, 89 N. E. 1046.

*162The rule is thus stated in 24 Ruling Case Law, 717:

“An unreasonable search is an examination or inspection without authority of law of one’s premises or person with a view to the discovery of stolen, contraband, or illicit property, or for some…

2Cases cited3 opinions

  1. Hoyer v. StateWisconsin Supreme Court · 1923
  2. United States v. SlusserDistrict Court, S.D. Ohio · 1921
  3. Dunn v. LoweMassachusetts Supreme Judicial Court · 1909

3Cited by40 opinions

  1. People v. BrownCalifornia Supreme Court · 1955
  2. State v. EasonWisconsin Supreme Court · 2001
  3. Keith v. StateCourt of Criminal Appeals of Oklahoma · 1925
  4. Salmon v. StateCourt of Special Appeals of Maryland · 1967
  5. State v. WarfieldWisconsin Supreme Court · 1924

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