Tucker v. State

Citations

• 128 Miss. 211
• 90 So. 845

Syllabus

<p>1. Criminal Law. Searches and seieures. Federal constitutional provisions as to unreasonable search and self-incrimination not applicable to slate agencies.</p> <p>The Fourth and Fifth Amendments of,the federal Constitution, guaranteeing the people against unreasonable search and seizure, and self-incrimination, are directe - die exercise of federal authority; and not at the states and tL* -■ n;;<'-'cies.</p> <p>2. Criminal Law. Testimony hosed on knowledge acquired in searching premises without search warrant, in violation of' Constitution, held inadmissible.</p> <p>Where a defendant, charged with the unlawful making of intoxicating liquors, was convicted alone on the evidence of the officers making a search of his home aud premises without a search-warrant, whose testimony was> based alone on knowledge acquired by what they saw in his home and- premises in making such search, such evidence should have been excluded and the defendant acquitted, because such conviction violated section 23 of the Constitution of 1890 of this state, guaranteeing the people against unreasonable searches and seizures, and that clause of section 26 of said Constitution securing a defendant in a criminal case against self-incrimination.</p>