# State v. Myers

> Idaho Supreme Court · December 4, 1922 · 36 Idaho 396

URL: https://www.frixlaw.com/law-library/cases/5171907

## Case

- **Full name:** STATE v. W. A. MYERS and V. A. FITZGERALD
- **Court:** Idaho Supreme Court
- **Decided:** December 4, 1922
- **Citations:** 36 Idaho 396; 211 P. 440; 1922 Ida. LEXIS 182
- **Precedential status:** Published
- **Opinion:** Concurrence by McCarthy
- **Judges:** Authorize, Budge, Dunn, McCarthy, Rice, They
- **Cited by:** 22 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/5171907

## Opinion text

MCCARTHY, j.
I concur in the affirmance of the judgment. As to the principal question involved, I agree with that part of the opinion which holds that the search and seizure resulting in the state’s obtaining and introducing in evidence state’s Exhibit 4 were not unreasonable or unlawful under .Const., art. 1, see. 17, but were reasonable and lawful as incidental to a lawful arrest. I do not concur in that part of the opinion which approves the doctrine of People v. Mayen, 188 Cal. 237 , 205 Pac. 435 , and disapproves the doctrine of Weeks v. United States, 232 U. S. 382 , Ann. Cas. 1915C, 1177, 34 Sup. Ct. 341, 58 L. ed. 652, L. R. A. 1915B, 834.
Justices Dunn and Lee authorize me to state that they join in this concurring opinion.
Petition for rehearing denied.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5171907. Public record. Not legal advice.