holding that officers who had been watching the defendant for -8- STATE V. GRICE Opinion of the Court two months committed an unconstitutional search when they climbed through a window and peered through a transom to see if he was running an illegal gambling operation
How later courts described this case
- holding that officers who had been watching the defendant for -8- STATE V. GRICE Opinion of the Court two months committed an unconstitutional search when they climbed through a window and peered through a transom to see if he was running an illegal gambling operation
- concluding that a warrantless search resulting in the discovery of an illegal lottery operation did not rise to the level of exigency because “[a]bsent some grave emergency, the Fourth Amendment has interposed a magistrate' between the citizen and the police”
- holding that officers who had been watching the defendant for two months committed an unconstitutional search when they climbed through a window and peered through a transom to see if he was running an illegal gambling operation
- holding that officers’ actions of climbing through a window of a boarding house, standing on a chair in the hallway, and peering through the transom above the defendant’s door constituted an unlawful search
Written by the judges who cited it.
Later courts went against this
Overruled by United States v. Rabinowitz, 339 U.S. 56 (1950)
Listed in the Constitution Annotated's table of Supreme Court decisions overruled by subsequent decision (entry 87, expressly overruled).
The opinion
Mr. Justice Rutledge
concurs in the result, and in the opinion insofar as it relates to the petitioner McDon- *457 aid. With respect to the petitioner Washington he is of the view that the evidence, having been illegally obtained, was inadmissible. Cf. Malinski v. New York, 324 U. S. 401 , opinion dissenting in part p. 420 at pp. 430-432.