(DOWNLOAD) "State Ex Rel. Wong You v. District Court" by Supreme Court of Montana # Book PDF Kindle ePub Free
eBook details
- Title: State Ex Rel. Wong You v. District Court
- Author : Supreme Court of Montana
- Release Date : January 15, 1938
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 66 KB
Description
Prohibition ? Criminal Law ? Arrest, Search and Seizure Without Warrant ? Suppression of Evidence ? When Motion Properly Denied. Arrest ? When Lawful, Officer may Take Property from Arrestee for Use on Trial. 1. When an arrest is lawfully made, the officer may take from the possession of the arrestee articles of property which would reasonably be of use on the trial. Same ? Search and Seizure Without Warrant ? Motion to Suppress Evidence ? Burden of Proving Irregularity on Movent. 2. The right of the state to introduce evidence secured by an officer while making an arrest or search must be determined on the hearing of a motion to suppress it, the burden of establishing irregularity in the seizure being on the movent. - Page 348 Same ? When Officer may Arrest Without Warrant. 3. Where an offense is being committed within the presence of a peace officer he may arrest the offender without a warrant if the circumstances are such that he could properly secure a warrant of arrest; if there be probable cause, i.e., knowledge of facts, actual or apparent, strong enough to justify a reasonable man in the belief that he has lawful grounds for acting, he may arrest. Same ? Search and Seizure ? When Unreasonable. 4. An arrest, or search and seizure, made without a warrant is illegal and, therefore, unreasonable when it is made upon mere suspicion or belief unsupported by facts, circumstances or credible information calculated to produce such belief. Same ? Search and Seizure Without Warrant ? Case at Bar ? Taking of Gambling Paraphernalia ? Denial of Motion to Suppress Evidence Upheld on Application for Writ of Prohibition. 5. Where a policeman was informed by another officer that a boy was selling lottery tickets and the latter upon inquiry advised him that he was selling them in behalf of the owner of a lottery in a Chinese laundry, and the officer upon entering the laundry asked where the lottery was, whereupon the proprietor pointed to the basement, and he there found lottery tickets together with certain paraphernalia, and there was no evidence that the premises were being used as living quarters, probable cause existed for the search, seizure and arrest of the proprietor without a warrant, and the district court did not err in denying the motion to suppress the evidence secured by the search and seizure, on the trial of relator under an information charging violation of the lottery law.
 "State Ex Rel. Wong You v. District Court" by Supreme Court of Montana # Book PDF Kindle ePub Free){kind=link}