HENRY v. STATE

No. CR83-81.

655 S.W.2d 372 (1983)

280 Ark. 24

Argil HENRY et al., Appellants, v. STATE of Arkansas, Appellee.

Supreme Court of Arkansas.

July 5, 1983.


Attorney(s) appearing for the Case

Robert S. Blatt, James E. Shoffey and Douglas W. Parker, Fort Smith, for appellants.

Steve Clark, Atty. Gen. by Theodore Holder, Asst. Atty. Gen., Little Rock, for appellee.


GEORGE ROSE SMITH, Justice.

The question: May state and local police officers, upon entering a motel room under the authority of a search warrant and finding the expected dice game to be in progress, lawfully seize as contraband all the money in the possession of the participants in the game? We disagree with the circuit court's decision that such a seizure is lawful.

On September 24, 1982, the police raided the game in question and took all the currency in...

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