195 Wis. 375 | Wis. | 1928
The defendant claims that his premises were unlawfully searched and his liquors unlawfully seized, and for this reason the liquor seized was improperly received in evidence. The constitution provides:
“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated. ...”
This provision of the Bill of Rights is to be faithfully observed by the officers of the law. No violation of the provision is to be tolerated. Allen v. State, 183 Wis. 323, 197 N. W. 808. But a question of fact may be presented to the court as to what constitutes an unreasonable search and seizure. Here we find the defendant inducing one Voss to apply for and secure a license in Voss’ name to operate a soft-drink parlor on defendant’s premises at No. 18 Main street, Oshkosh. Defendant gave Voss the money to procure the license; he bought the goods for sale on the licensed premises; he took the proceeds of the sales, but hired Voss as a clerk or bartender, and paid him a weekly wage. It is claimed, and it may be conceded, that
Again, it is said defendant was convicted of operating a soft-drink parlor on his premises June 7, 1927, without a license. If so, that was proper enough after it was found that he possessed no license in fact, but was using the Voss license to camouflage his operations.
We see no error in the trial, nor was there any error in
By the Court. — The judgment and sentence of the municipal court are affirmed.