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176 So. 2d 53 Alabama Court of Appeals March 23, 1965 No. 5 Div. 639
To meet the burden cast on it, the prosecution may justify the search of an automobile without a search warrant by establishing (1) that there was prior probable cause for belief that the automobile contained articles which by law
Unquestionably, when a person is lawfully arrested, the police have the right, without a search warrant, to make a contemporaneous search of the person of the accused for weapons or for the fruits of or implements used to commit the
This right to search and seize without a search warrant extends to things under the accused’s immediate control, Carroll v.
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223 So. 2d 597 Alabama Court of Appeals February 11, 1969 No. 4 Div. 654
Dillard testified that later he did not make a thorough search of the car but that he took some of the items out of the car that were identified as some one else’s property. The next morning the search warrant was obtained.
this séarch warrant was premature, its already been taken out later on after they had already searched the car; and there has been an illegal search, and we move to suppress all evidence taken from John Padgett’s car on the night
Defendant rested his case without bringing in evidence. II. Searches There were two searches of Padgett’s ■station wagon: the first without a warrant, the second with a warrant.
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172 So. 2d 787 Alabama Court of Appeals December 15, 1964 No. 8 Div. 964
A search of a private residence without a search warrant is unreasonable ■and not incidental to an arrest when the •arrest follows the search and could not have been lawfully made before the search. 89 A.L.R.2d 757 .
Although Ker involved a search without a warrant, that case must certainly be read as holding that the standard for obtaining a search warrant is likewise ‘the same under the Fourth and Fourteenth Amendments.’
A contrary rule ‘that evidence sufficient to support a magistrate’s disinterested determination to issue a search warrant will justify the officers in making a search without a warrant would reduce the Amendment to a nullity and leave
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218 So. 2d 698 Alabama Court of Appeals October 8, 1968 No. 1 Div. 288
a search in the absence of a search warrant; and that it would have been a "simple matter" for the police to have requested a search warrant.
State, 278 Ala. 145 , 176 So.2d 840 , our Supreme Court stated in part: "When police officers want to search a person's home they must have either a search warrant or a knowing, voluntary permission, unless the search is incidental
State, 43 Ala.App. 596 , 197 So.2d 283 , we stated: "The law is well settled that to be admissible at trial, evidence seized without a search warrant must be the product of a search incident to a lawful arrest."
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214 So. 2d 700 Alabama Court of Appeals October 8, 1968 No. 1 Div. 268
As he approached them he radioed for another police car to come to the scene. While waiting for reinforcements he asked the men for identification.
The witness did not have a warrant for the arrest of defendant nor a warrant to search him, and he did not search him.
The opinion states: “The arrest of appellant was illegal because without a warrant, without probable cause, and without other validating circumstances. The government does not seriously contend otherwise.
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221 So. 2d 117 Alabama Court of Appeals January 7, 1969 No. 7 Div. 914
He stated that he received a call on his car radio that someone had gone to a service station and gotten some gas and cigarettes and ran off without paying for it.
An officer may also arrest any person, without warrant, on any day and at any time, for any public offense committed, or a breach of the peace threatened in his presence; or when a felony has been committed, though not in his presence
Succinctly, we encapsulate the following: “When a police officer arrests without a warrant, and the defendant objects to the introduction of evidence claimed to be incident to such an arrest, the burden is on the State to show that
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97 So. 779 Alabama Court of Appeals June 12, 1923 No. 8 Div. 975.
I shot a .38; I had no search warrant for him.
investigate it by taking statement, or by demanding witnesses and if he swore there was probably cause for it then to issue the search warrant to search 'the negro’s house, or the negro’s person for liquor, and then the chief of police
It would be a dangerous doctrine to permit police officers, without warrant, to search the person and effects of citizens for evidence of misdemeanor, leaving only to those found innocent after search a right of civil action for a
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226 So. 2d 169 Alabama Court of Appeals June 30, 1969 No. 6 Div. 375
The police pulled the car in between the houses, got out and walked to the table. The defendant was standing at the left front portion of the table.
Section 154, Title 15, Code 1940, provides in pertinent part: "An officer may also arrest any person, without warrant, on any day and at any time, for any public offense committed, or a breach of the peace threatened in his presence
warrant," and that a police officer who is only attempting to routinely question persons under suspicious circumstances to ascertain their identity and actions is executing permissible police procedure to safeguard the community against
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203 So. 2d 460 Alabama Court of Appeals June 20, 1967 No. 1 Div. 144
On voir dire, Officer Sealy said that he did not have a search warrant at the time of the arrest.
This concluded the State’s evidence and counsel for appellant moved to exclude the evidence because the case was built on evidence which was obtained through an illegal search and seizure without a warrant.
car for speeding and, therefore, the search was illegal.
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187 So. 2d 294 Alabama Court of Appeals May 31, 1966
Driggers, on cross-examination, agreed that the car was at all times in the Sheriff’s custody. Thereafter, without the benefit of a warrant, the deputies searched the trunk and found various and sundry pills. D.
As to the search of the glove compartment without a warrant, since there was objection to the evidence thereof, we consider this to be an illegal search and seizure requiring the operation of the exclusionary rule of Mapp v.
Code 1940, T. 15, § 154: “An officer may also arrest any person, without warrant, on any day and at any time, for any public offense committed, or a breach of the peace threatened in bis presence; * * * ”
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174 So. 2d 336 Alabama Court of Appeals April 13, 1965 No. 6 Div. 24
After letting his brother and the other man out of his car near the Allen-Jemison store, Troy drove to Larry’s house, reaching there about 7:00 to 8:00 A.M.
result of the unreasonable search and seizure.
was put in evidence prior to this evidence, without objection.
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198 So. 2d 289 Alabama Court of Appeals April 19, 1966
Request to search the automobile was refused and it was driven to-the police station and a search warrant was obtained. Narcotics were found in various, ■parts of the car, in the trunk and under the-front seat.
The first challenge to the warrant is based upon title 11, section 3 of the Act of June 15th, 1917, being section 613, title 18 USCA, which provides that a search warrant may not issue but upon ‘probable cause, supported by affidavit
In the Prater case, supra, the automobile to be searched was described in the affidavit and the search warrant as a “ScrippsBooth automobile touring car, license No. 232504.” In Martini v.
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204 So. 2d 490 Alabama Court of Appeals November 21, 1967 No. 1 Div. 119
and seizure; that he had been held in the Prichard jail for seven days without counsel; and that there was no warrant for this arrest in Mobile.
He stated that the police stopped them on the way home and they were arrested without being told why.
“When a police officer arrests without a warrant, and the defendant objects to the introduction of evidence claimed to be incident to such an arrest, the burden is on the State to show that the arrest was lawful.” Knox v.
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167 So. 2d 281 Alabama Court of Appeals April 7, 1964 No. 7 Div. 739
of the home of one of its citizens, without search warrant or other legal process, and thus procure testimony that may be used to secure the conviction to such citizen of a criminal offense, would be to affirm and sanction, by judicial
“The mayor, after hearing the complaints, sent the chief of police to the sheriffs office with instructions to have a search warrant issued * * * “The chief of police went to the sheriff, informed him of the reports, gave the names
“Prior to trial petitioner duly moved to suppress the evidence obtained through the execution of the search warrant on the ground that the warrant had been issued without a showing of probable cause.
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216 So. 2d 731 Alabama Court of Appeals November 19, 1968 No. 3 Div. 258
It had been turned over to the police by a car repairman. The next witness called by the State was Mr. W. L. Holland, employed by the Alabama Department of “Conversation” (sic).
Johnson also testified that Livingston gave written permission for the police to search the trunk of his automobile. Lt. Johnson did not know whether or not there was a lug wrench in the car.
It creates mere surmise or suspicion which does not warrant a conviction. [Citing cases.] “In the case of Lang v.
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219 So. 2d 404 Alabama Court of Appeals October 15, 1968 No. 3 Div. 248
Because of reversal on the foregoing point, in the event of a new indictment, we consider it is here needful to comment on the propriety of proof aliunde to support a search warrant.
Texas, supra, the court pretermitted consideration of whether or not a search warrant could be issued on sworn testimony before the magistrate ore tenus.
The fact that the police may have kept petitioner’s house under surveillance is thus completely irrelevant in this case, for, in applying for the warrant, the police did not mention any surveillance.
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200 So. 2d 487 Alabama Court of Appeals April 25, 1967
that the procuring of a search warrant was impractical because of imminence of escape or loss of evidence, *697 citing Carroll v.
Callahan (Minn. 1966), 256 F.Supp. 739 , the court said: “By approaching the vehicle and observing the interior of the car with the aid of flashlights there was no search proscribed by the Fourth Amendment.
the car.
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132 So. 2d 386 Alabama Court of Appeals August 15, 1961 No. 8 Div. 783
Thus: “ * * * No just interest of the Government in the effective and rigorous enforcement of the criminal law will be hampered by recognizing that anyone legitimately on premises where a search occurs may challenge its legality by
This would of course not avail those who, by virtue of their wrongful presence, cannot invoke the privacy of the premises searched. * * * ” As to the seizure from the car, we consider Garrison and Smith needed no warrant because of
automobiles without warrant as federal enforcement officers, all subject to the rule of probable cause, as above defined.”
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215 So. 2d 604 Alabama Court of Appeals October 22, 1968 No. 1 Div. 255
The evidence for the state may be summarized as follows: Mobile Policemen Blunt and Allen were on a routine patrol in a police car at approximately 2:45 o’clock, A.M., on Sunday, February 13, 1966, when they observed defendant and
Upon being called a second time, defendant turned around, pulled a handkerchief and two small objects from his pocket, dropped them to the ground and came to the police car.
The stopping of the individual to inquire is not an arrest and the ground upon which the police may make the inquiry may be less incriminating than the ground for an arrest for a crime known to have been committed.”
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105 So. 2d 687 Alabama Court of Appeals August 19, 1958 No. 5 Div. 522
Sometime prior to trial the appellant filed a motion to suppress the evidence in connection with this case in that it was obtained by means of an illegal search of the private dwelling of the appellant, the search being made without
a search warrant.
and appellant in the car, and later saw them drive away, did not, in her testimony, state anything concerning any search by Benton.
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