Feazell v. State

Summary

The Mississippi Supreme Court held that whiskey obtained after the defendant's warrantless arrest and search was inadmissible. The officers lacked an arrest warrant, no offense was committed in their presence, and a search warrant for another person's premises did not authorize a search of the defendant's premises or possessions. The conviction was reversed and the appellant was discharged.

Holdings

1. The arrest was unlawful because the officer had no arrest warrant and no misdemeanor or other offense was being committed in his presence.
2. The search of Feazell's premises and possessions was unlawful because the officers had no warrant authorizing that search, and the warrant for Yardaman Smith's premises could not authorize a search of Feazell's premises or possessions.
3. Because the whiskey was obtained as a result of an unlawful arrest and unlawful search and seizure, it was inadmissible in evidence.

Questions Presented

1. Whether the deputy unlawfully arrested Feazell when no misdemeanor or other offense was being committed in the deputy's presence.
2. Whether whiskey seized from Feazell's possessions and premises approximately three hundred yards from the premises named in the search warrant was obtained through an unlawful search and seizure.
3. Whether the seized whiskey was admissible in evidence.

Disposition

reversed