Browning

The Holding

In this case we hold that a witness to a crime is entitled to the same Fourth Amendment protection afforded the defendant charged with the crime.

An Overview

The facts are really quite simple. The defendant is charged with having shot the victim, not once but several times. Unhappily for all concerned, the bullets remain in the victim’s body. The defendant says that in order to secure a fair trial he wants an order that a doctor chop out these bullets for ballistic examination. No way, says the victim. I have my rights too—Fourth Amendment rights against intrusions into my body. Just because he is a defendant and I am a victim, doesn’t mean that I must further endanger my life by major surgery just so he can receive a fair trial.

This in a few words tells the whole story. However, since legal and judicial tradition demand specificity, we proceed to the details.

The Shootout at the Long Branch Saloon

The prosecution version:

The defendant’s version:

The jury was unimpressed with defendant’s version. He was convicted of second degree murder (Mr. Smith) and assault with a deadly weapon (Mr. Killen). Use allegations were found to be true.

The…