Montgomery v. State , 251 Ark. 645 ( 1971 )

John A. Fogleman, Justice,

concurring. I concur in the result reached in this case and the majority opinion. I would add that I am of the opinion that the search was also invalid as to the clothing of appellant because it was mere evidence, and no authority then existed for issuance of a search warrant for this type of evidence. My views are expressed in a concurring opinion in Ferguson v. State, 249 Ark. 138 (1970), 458 S. W. 2d 383. The knife, of course, was allegedly an instrumentality of the crime, and a valid search warrant for it would have been authorized.