[Download] "State v. Frank Obrien" by Supreme Court of Vermont " eBook PDF Kindle ePub Free
eBook details
- Title: State v. Frank Obrien
- Author : Supreme Court of Vermont
- Release Date : January 04, 1934
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 55 KB
Description
[1-4] This respondent has been convicted of the unlawful possession of intoxicating liquor, and the case has been passed to this Court, before sentence, upon his exceptions. The first question concerns the denial of his motion to quash the information, upon the ground that the search warrant upon which the liquor was seized was void. The argument is that, since this was so, the liquor would not be admissible in evidence, and so there could be no conviction for the possession of it. But if the search warrant were invalid, which it is not necessary to decide, this result would not follow. The legality of the search would not be in issue. When evidence is offered, the court will take no notice of how it was obtained, whether legally or illegally, whether properly or improperly, and it will not form a collateral issue to try that question. The Fourth and Fifth Amendment s to the federal Constitution, relating to unreasonable search and seizure, and freedom from self-crimination, are not restrictions upon the powers of a State, but operate only upon those of the federal government. The corresponding provisions of our State Constitution ( Articles 10 and 11 ) do not prevent the admission in evidence of things, the possession of which tend to show the guilt of a respondent, even though obtained from him by means of a search without a warrant. All this is fully stated, and the authorities are cited, in State v. Stacy, 104 Vt. 379, 401, 160 Atl. 257, 747, and the rule has been approved and followed, since then, in State v. Pilon, 105 Vt. 55, 57, 163 Atl. 571, and State v. Parker, 104 Vt. 494, 498, 499, 162 Atl. 696.