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Evidence

Michigan Law Review

1939

Barnyard

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Searches And Seizures - Effect Of Coercion - Waiver Of Constitutional Privilege By Wife In Husband's Absence, Michigan Law Review May 1939

Searches And Seizures - Effect Of Coercion - Waiver Of Constitutional Privilege By Wife In Husband's Absence, Michigan Law Review

Michigan Law Review

The defendant and his son were shot as prowlers while they were taking a "short-cut" through the informant's barnyard. They managed to reach home, where after a physician's treatment they were placed under arrest and taken to jail on a charge of stealing the informant's chickens. Later some of the arresting officers returned to the defendant's home without a search warrant. Whether or not the wife's consent was secured is disputed, but a search was made of the defendant's henhouse, and thirty-one chickens were seized as stolen property. Before the commencement of the trial, a motion filed by the defendant …