STRANGE v. STATE

No. 56984.

530 So.2d 1336 (1988)

Sammy STRANGE and Dianne N. Strange v. STATE of Mississippi.

Supreme Court of Mississippi.

Rehearing Denied October 5, 1988.


Attorney(s) appearing for the Case

Leonard H. Rosenthal, Edwin E. Kerstine, Natchez, for appellants.

Edwin Lloyd Pittman and Mike Moore, Attys. Gen. by Charles W. Maris, Jr., Sp. Asst. Atty. Gen., Jackson, for appellee.

EN BANC.


ROBERTSON, Justice, for the Court:

I.

Today's appeal asks that we take seriously that, when invading the privacy of one's home to search for contraband, an officer's authority is limited by the warrant he holds. Here the warrant in no uncertain terms authorized searches only "in the day time". The search at issue, yielding a substantial quantity of marijuana, was conducted at 11:30 p.m.

We hold that the officers exceeded their authority, that the...

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