State v. Richards

CROCKETT, Justice

(dissenting) :

I dissent.

I do not desire to burden this case and the books with any extensive repetition of my views as to the “unreasonableness” of requiring peace officers to go and obtain a warrant to conduct a "search” and then to “find” property already in their possession; and this upon what I believe was an entirely reasonable suspicion of being implicated in crime, which it is their duty to investigate. The problem was dealt with in the case of State v. Criscola, footnote 1, main opinion. Upon the basis of that decision and the authorities therein cited, including particularly Harris v. United States, 390 U.S. 234, 88 S.Ct. 992, 19 L. Ed.2d 1067, I think the question accurately and pertinently quoted, as to whether there was an unreasonable search, should be answered in the negative. This is especially so because the determination as to the reasonableness of the search is primarily for the trial judge, which should not be disturbed unless it clearly appears that he was in error or abused his discretion, a circumstance not shown here.