State v. Prescott

I concur in the dissenting opinion of Mr. Justice Watts and wish to add a few observations of my own in support of his conclusion.

I think that the constitutional guaranty of immunity from unreasonable searches and seizures conferred by Article 1 § 16, of our Constitution — "the right of the people to be secure in their persons, houses, papers and effects against unreasonable searches and seizures shall not be violated" — extends not only to the fact of search and seizure, but to every incident of such unlawful act. To hold that the citizen shall enjoy such immunity, and yet when it is…