Fennemore v. Armstrong

Citations

• 29 Del. 35
• 6 Boyce 35
• 96 A. 204
• 1915 Del. LEXIS 64

Syllabus

<p>1. Sheriffs and Constables—Process as Protection—Search Warrants—Alteration.</p> <p>The constable, having a search warrant for a particular house, cannot justify his search of another house by altering the warrant to include the house searched, and his act in so doing was wrongful.</p> <p>2. Sheriffs and Constables—Search Without a Warrant—“Trespasser”.</p> <p>If a constable enters a dwelling house occupied by another against the latter’s will to search for stolen property without a warrant, he is a “trespasser”, and liable in damages to the person injured.</p> <p>3. Sheriffs and Constables—Search Without a Warrant—Trespasser.</p> <p>In such a case the person who procures the search and accompanies the officer in making it is also a “trespasser”, and liable in damages.</p> <p>4. Searches and Seizures—Search Without Warrant—Incriminating Evidence.</p> <p>No amount of suspicion or incriminating evidence will justify a search of a house for stolen goods without a search warrant to search that particular house, unless the occupant consents.</p> <p>5. Searches and Seizures—Search Without Warrant—Consent of Occupant—“Trespass ’’.</p> <p>Search of a dwelling house with the consent of the owner and occupant in a peaceable manner and without damage, although without a warrant, is not a trespass.</p> <p>6. Searches and Seizures—Search Without Warrant—Consent Under Misapprehension.</p> <p>Though plaintiff, under a mistaken apprehension that the officer had a warrant to search his house, voluntarily consented to the search, which was made in a peaceable manner without damage to the plaintiff’s property, he could not recover; there being no trespass.</p> <p>7. Sheriffs and Constables—Search Without Warrant—Question for Jury.</p> <p>Where the search by a constable without warrant is not denied, it is a question for the jury whether the householder voluntarily consented to the search.</p> <p>8. Sheriffs and Constables—Search Without Warrant—Nominal Damages.</p> <p>Where the pla