Novotny v. State

On the appeal of the defendant Thoma the sole, question is, Did Thoma destroy mash while the premises were being searched by the police officers? As is set out in the statement of facts, the destruction of the fluids in question took place in the absence of the police officer. No search was begun. No service of the search warrant had been made. No one in fact knew that'the police officer who came to the door of the Frank Kinderman home had a search warrant. Under the facts disclosed by the testimony of the police officers, they might or. might not have returned to the premises for a search.…