Davis v. State

Hammond, J., filed the following dissenting opinion. I dissent for the reason that in my view, the breaking and entering of appellant’s house was a violation of his constitutional rights. There was present no reason in the form of emergency or other exception to vary the general rule that the determination of probable cause must be made by a judicial officer rather than a policeman, and evidenced by a search warrant, and, therefore, the arrest and the searches which followed were illegal and the articles found were inadmissible in evidence.