121 Iowa 164 | Iowa | 1903
It is conceded by the Attorney General that, the search warrant was issued without the authority of law, and that the search and seizure made thereunder were. wrongful. It was also shown by the evidence upon the trial, and’without dispute, that the search warrant was asked for, procured, and served for the sole “purpose of obtaining testimony” against the appellant. For the purposes of this appeal we may admit it has often been held that the mere fact that evidence, has been developed by the wrongful act or trespass of an officer or any other person will not necessarily render it inadmissible, but we ere confronted by the further fact that the evidence objected to was obtained by a palpable abuse of judicial process. In the Height Case, we said that, while an officer may properly testify to criminating facts discovered by him in the execution of a warrant lawfully issued, yet “a party to a .
It is said, however, that -the court will not inquire how the offered evidence has been procured, and, even if obtained by a search warrant in violation ..of the defend
The judgment of the district court is reversed, and cause remanded for a new trial. — Reversed.