People v. Giacalone

The issue raised by this appeal is the admissibility in evidence at trial of a blackjack found by arresting officers who were lawfully in the defendant’s home to serve upon him a criminal warrant charging conspiracy to extort.

It is basically the position of the state that a blackjack was found while the police were searching for offensive weapons, a permissible incident of a valid arrest. It is the defendant’s position that the search exceeded permissible bounds, and was in reality a device to make an unrestricted search of his home without a search warrant. The blackjack was hanging from a…