99 Tenn. 39 | Tenn. | 1897
In this case, an attachment issued at the instance of plaintiff in error against the defendant in error, was levied by service of garnishment on. certain members of the police force of Memphis. At the time of the service the defendant in error was in their custody, under arrest, upon a
The question presented by this record has received the attention of a number of Courts of this country, and, with regard to it, there has been some diversity of judicial opinion. We are satisfied, however, that the better policy, as well as the weight of authority, is with the ruling of the trial Judge. In disposing of it, we do not deem it necessary to determine the right of a police officer, upon arresting a prisoner, of his own motion, to take from him articles of value, or the reasonableness of municipal regulations which may authorize this to be done. It may be conceded, for our present purpose, that in either case this may' be done, and that a wise precaution requires that it should be done. But when an officer of the law, acting under police rules or without them, takes from his prisoner personal property,
The opposite view of this question has been taken by the Supreme Court of New Hampshire, and presented with great force in Clossen v. Morrison, 47 N. H., 482. After a careful examination, we are satisfied that the sounder policy is announced in the cases cited as authority for our conclusion. Judgment affirmed.