Applying these principles, the arrest of Vlahos must be upheld. It is true that the officers entered the inclosure without intention of making an arrest, but this inclosure was not the curtilage of a dwelling place, but rather an open space surrounding a building devoted to the manufacture of liquor. A felony actually had been committed and the officers had good reason to believe that Vlahos was one of the participants in the criminal act. His activities in the inclosure alone justified such a conclusion. There was sufficient evidence to justify the officers also in the conclusion that the automobile which stood in the open space was used in the commission of the crime because of the fact that articles were carried into the building from the car and carried out of the building and placed in the car. Furthermore, the officers saw a bottle apparently containing untaxpaid liquor on the seat of the automobile. The arrest of Vlahos was not made in the building but in the open space. The arrest of Karmones was made within the structure, but it was unquestionably the intention of the officers to make an arrest when they entered the building. The seizure of the articles under the ban of the law was a proper incident of the arrest of Karmones inside the structure. The only debate which could exist is whether the seizure of the articles was invalidated by the fact that the agents entered the premises without the intention to make an arrest and by the fact that while in the inclosure they saw the residue of mash in one *171 house, and looking through a window saw the illegal articles. Cumulative force of the circumstances consisting of the knowledge which the officers had prior to entry of the inclosure, the fact that the building was used solely for manufacturing of illicit liquor and stood on a piece of ground which was leased to Vlahos, the fact that an automobile containing a contraband article was upon the premises, and the fact that lawful arrests were made, relieves the search without a warrant from the taint of illegality.
[13] "Curtilage" is defined in Webster's new International Dictionary, Second Edition, as "a yard, courtyard, or piece of ground, included within the fence surrounding a dwelling house." The derivation is given from the old French, cortillage, meaning court or courtyard. Bouvier's Law Dictionary, Baldwin Cent. Ed. (Rawle's Third Rev., p. 741) defines "curtilage" as "the enclosed space immediately surrounding a dwelling house contained within the same enclosure."
One Piece Opening 19 166
Deering's Code Civ.Proced. 1880. The contention is that the interpretation placed by the Supreme Court of California upon the statute of that state should be followed in this case. We are referred to Myers v. Reinstein, 67 Cal. 89, in which case the plaintiff sought a decree establishing a trust in his favor in a certain piece of land. The alleged trustee was dead when the case was heard. The court said:
Semipreciousking offers VERY RARE AND EXCLSUIVE RUBY GEM ROCKS sourced in Burma. They are very limited in stock and you won't find a exact second piece in the world. Natural Ruby Rocks Is One Of The ÒPreciousÓ Gemstones Known Its Monetary Value, Rarity, And Hardness - 9 On The Mohs Scale (Second Only To Diamond). It Has Excellent Toughness And No Cleavage. This Makes It A Great Choice For Daily Wear. Rubies Are Sourced From Different Parts Of The World Such As Kenya, Mozambique, Tanzania, Burma, Thailand, Madagascar, Afghanistan. Check Out Our Wide Array Of Natural Ruby Collector Rough Collection And Follow/Subscribe Our Page To Stay Tuned With Latest Deals And Promotions.
98. If I encounter a person sleeping outdoors on a cold night, I can view him or her as an annoyance, an idler, an obstacle in my path, a troubling sight, a problem for politicians to sort out, or even a piece of refuse cluttering a public space. Or I can respond with faith and charity, and see in this person a human being with a dignity identical to my own, a creature infinitely loved by the Father, an image of God, a brother or sister redeemed by Jesus Christ. That is what it is to be a Christian! Can holiness somehow be understood apart from this lively recognition of the dignity of each human being?[82] 2ff7e9595c
Comments