Evans v. State

I cannot agree with the majority opinion in this case, for the reason that the officers possessed information entitling them to search defendant’s car without a search warrant.

The majority opinion proceeds upon the theory that, since the search warrant was void, that was the only question in the case.

The state conceded the invalidity of the search warrant, because it was not directed to any public officer, but contended that under the facts in the case no search warrant was necessary.

The sheriff testified that, prior to the search of defendant’s car by one of his deputies, he knew the…