People v. Alverson

On exceptions before sentence reversal of a conviction under the prohibition law is sought. The sheriff and a deputy went to defendant Alverson’s farm home to serve on him a paper in a civil cause. They found no one at the home. They had no warrant for arrest, or for search. No circumstance to justify a search without warrant is claimed. They broke, entered and searched the dwelling house and entered and searched some outbuildings. The knowledge thus obtained was used by the deputy sheriff to make an affidavit under the prohibition law for a search warrant. After starting the deputy on his…