State v. Davis

On the foregoing facts, it is apparent that the search of defendant’s room and the seizure of the three suits was unreasonable. Stoner v. California, 376 U. S., 483, 11 L. Ed. (2d), 856, 84 S. Ct., 889; Preston v. United States (1964), 376 U. S., 364, 11 L. Ed. (2d), 777, 84 S. Ct., 881.

Defendant contends that Mapp v. Ohio (1961), 367 U. S., 643, 6 L. Ed. (2d), 1081, 81 S. Ct., 1684, requires this court to reverse his conviction because those suits were erroneously admitted in evidence against him.

However, footnote 9 to the majority opinion in Mapp states:

“As is always the case * * #, state…