State v. Bembery

CLARK, Judge.

The first issue on appeal is whether the seizure of the tires in plain view was in violation of the provision of the Fourth Amendment of the Constitution of the United States *33prohibiting “unreasonable searches and seizures.” (Defendant has not questioned that exigent circumstances existed to seize the tires without warrant.)

The brief for the State cites case law for the proposition that the Fourth Amendment does not apply where no search is made, but that the limits of reasonableness apply to a seizure without a search. Since the proscription that searches and seizures not be…