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276 So. 2d 441 Supreme Court of Alabama April 5, 1973 No. SC 171
Notwithstanding the United States Supreme Court’s assertion that its cases on the subject of the extent of a search which may be made without a warrant following a lawful arrest “cannot be satisfactory reconciled,” 1 it now seems
the car’s contents may never be found again if a warrant must be obtained.
Certainly after the police radio reported that the single license plate was spurious there was even more reason for the officers to search appellant’s car. * * * The search of the car was compelling under the circumstances and was
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186 So. 2d 731 Supreme Court of Alabama May 5, 1966 No. 2 Div. 452
The court held that the search was too remote in time or place to have been made as incidental to the arrest and, therefore, that the search of the car without a warrant failed to meet the test of reasonableness under the Fourth Amendment
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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667 So. 2d 1339 Supreme Court of Alabama May 12, 1995 No. 1931358
Where a search is executed without a warrant, the burden falls upon the State to show that the search falls within an exception. Kinard v. State , 335 So.2d 924 (Ala. 1976).
Tucker's act was not furtive movement that would support a finding of probable cause to search the canister without a warrant. The State argues that Jones, supra , is directly applicable to these facts.
Hurter did not *Page 1349 supply probable cause to search and seize the film canister without a warrant; thus, we need not address the second element of the exception, exigent circumstances. III.
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542 So. 2d 1276 Supreme Court of Alabama February 24, 1989 No. 87-711
Without more, we can not possibly conclude that the police department's inventory policy was reasonable. Proving the reasonableness of a warrantless search is a burden borne by the State. Teat v.
The final issue to be reviewed 9 concerns the finding by the Court of Criminal *Page 1284 Appeals that the police had probable cause to search Boyd's car.
The officers had probable cause to search the trucks at the airstrip, but, instead, took them to the Drug Enforcement Agency headquarters and, without a warrant, searched them and containers found within them three days later.
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421 So. 2d 1375 Court of Criminal Appeals of Alabama November 2, 1982
Because of the mobility of an automobile, courts have recognized that under certain circumstances, police officers may, without a warrant, search for contraband concealed in an automobile. Carroll v.
The six circumstances under which the police may conduct an investigatory search into the interior of an automobile without a warrant were set out by the Supreme Court of this state in Daniels v. State , supra.
and on the other hand carrying out an immediate search without a warrant.
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426 So. 2d 882 Supreme Court of Alabama July 23, 1982 Nos. 80-168, 80-175
As pointed out in our previous opinion, such searches could be obtained by a police officer's seizing the vehicle and then applying to a magistrate for a search warrant to examine the contents of a container [1] which was the subject
Whether there was probable cause to detain the stopped car and its passengers, and then search the car and its passengers, is a close question.
Had all these facts been put before a magistrate, I believe his authority to issue a warrant for the search of the car and seizure of any discovered contraband would be sustainable.
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577 So. 2d 531 Supreme Court of Alabama January 11, 1991 No. 89-1805
Venn was contacted by the Sylacauga police on Wednesday.
Kuenzel signed a form giving Surrett permission to search the house. (R. 293.) Officer Murchison testified that he obtained a search warrant for Kuenzel's residence.
He executed the warrant during daylight hours on November 16, 1987.
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426 So. 2d 863 Court of Criminal Appeals of Alabama October 28, 1980
Officer L then testified that he and Officer N executed affidavits and secured a search warrant for the trunk of the car.
Officer Wilson stated that he "kept watch" over a car parked at the scene, and later followed the car as it was towed by wrecker to the Police Station; he then stayed with the car until a search warrant was obtained.
magistrate and on *Page 877 the other hand carrying out an immediate search without a warrant.
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500 So. 2d 1179 Supreme Court of Alabama November 8, 1985 No. 83-1044
Following the report of the robbery, the police surrounded the immediate vicinity to search for the robber. At least one gunshot was heard by the officers during their search.
Soon thereafter, the police apprehended defendant and, during a full search of him at the police station, they seized a large amount of money wrapped in an A P band. Later that night, the police found the assistant manager dead.
Defendant argues that the items found in the car should have been suppressed because the police officer did not have probable cause for the initial entry into the car and because no search warrant was issued for the later inventory
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237 So. 2d 520 Court of Criminal Appeals of Alabama June 16, 1970 No. 4 Div. 15
The grounds of said motion are, in substance, that the evidence which forms the basis of this prosecution was obtained through an unlawful search of the defendant’s automobile, in that such search was conducted without a search warrant
The officers had no warrant of arrest and no search warrant. The trial judge denied the defendant’s motion to suppress the evidence.
The search of defendant’s automobile was not incident to a lawful arrest, was made without authority of a search warrant or warrant of arrest, therefore, the validity of the search must depend on the voluntariness of defendant’s consent
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690 So. 2d 1201 Supreme Court of Alabama November 1, 1996 No. 1951365
Bailey then asked Hill for permission to search the car. Hill told him to go ahead. In the glove compartment, Bailey found a plastic bag containing four rocks of crack cocaine and a plastic bag containing marijuana.
The officer saw a revolver in plain view protruding from under the passenger's seat, and a subsequent search of the car yielded two more weapons. 469 U.S. at 223 -25 , 105 S.Ct. at 677 -78 .
Leon , 468 U.S. 897 , 104 S.Ct. 3405 , 82 L.Ed.2d 677 (1984) (recognizing a "good faith" exception to the exclusionary rule regarding police reliance on a warrant ultimately held to be invalid) with State v.
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282 So. 2d 402 Court of Criminal Appeals of Alabama June 12, 1973 No. 8 Div. 314
a search made at another place, without a warrant, is simply not incident to the arrest.'
Where this is true, as in Carroll and the case before us now, if an effective search is to be made at any time either the search must be made immediately without a warrant or the car itself must be seized and held without a warrant
Carroll, supra holds a search warrant unnecessary where there is probable cause to search an automobile stopped on the highway; the car is movable, the occupants are alerted, and the car's contents may never be found again if a warrant
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607 So. 2d 361 Court of Criminal Appeals of Alabama August 21, 1992 No. CR-90-1919
Gay and her partner radioed for other police officers to watch the house so that they could obtain a search warrant for the premises.
They then informed David Clark that they had a search warrant.
Specifically, the appellant argues that the handgun found in his car should have been suppressed because the search was done without a warrant and without probable cause.
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46 So. 3d 504 Court of Criminal Appeals of Alabama March 26, 2010 No. CR-08-1936
Officer Butterbrodt conducted a patdown search of Taylor’s person without asking for or being given Taylor’s consent.
Hails, 814 So.2d 980 (Ala.Crim.App.2000), this Court explained the standards by which any Terry search would be judged: “‘Police may conduct a patdown search without a warrant if, under the totality of the circumstances, the
So long as the police officer has properly seized the occupants of the car, the officer may order the driver, Pennsylvania v. Mimms, 434 U.S. 106, 111 , 98 S.Ct. 330 , 54 L.Ed.2d 331 (1977), or a passenger, State v.
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370 So. 2d 1108 Court of Criminal Appeals of Alabama March 6, 1979
At approximately 11:50 on the morning of September 28, 1976, six agents of the Narcotics Division of the Mobile Police Department, armed with a search warrant, went to the residence of the appellant and her husband.
Before entering they paused and Officer George Washington announced "police, search warrant". This was repeated in a loud voice by another officer.
I The appellant contends that the heroin was obtained by an entry of her residence in violation of Section 15-5-9 , Code of Alabama 1975, which provides: "To execute a search warrant, an officer may break open a door or window of
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533 So. 2d 701 Court of Criminal Appeals of Alabama June 14, 1988
I Molina contends that the police did not have sufficient probable cause to stop and search the automobile in which he was riding as a passenger.
In determining the existence of probable cause to arrest or search, "[t]he better and modern view . . . is that as a general proposition any person purporting to be a crime victim or witness may be presumed reliable, though the police
nevertheless be good warrant for receiving the . . . evidence.
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510 So. 2d 574 Supreme Court of Alabama April 3, 1987 No. 85-1295
The first issue we discuss is based on petitioner's contention that his detention on July 11, 1983, by the Childersburg police amounted to an illegal arrest without probable cause. See Florida v.
Petitioner claims this information was insufficient to warrant the action taken by the Childersburg police. The United States Supreme Court, in United States v.
An officer may rely on a police dispatch in stopping a vehicle. Pickett v. State , 417 So.2d 589 (Ala.Crim.App. 1982).
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531 So. 2d 682 Court of Criminal Appeals of Alabama September 8, 1987
Here, we are concerned with the determination of whether the police who are executing a search warrant may search persons who are present at the place where the warrant is being executed, but who are not named in the warrant.
Officers may complete their search at the place of arrest, begin it there but interrupt it and finish searching at a police facility, or they may remove the vehicle to a police facility and conduct a search there. "...
warrant to search the house will not, without more, authorize a search of the automobile.").
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473 So. 2d 634 Court of Criminal Appeals of Alabama May 14, 1985
where the accused chose to comply with the officers and got out of his car without being compelled to do so.
In Terry , it was held that "where a police officer observes unusual conduct which leads him reasonably to conclude in light of his experience that criminal activity may be afoot and that the persons with whom he is dealing may be
A police officer may conduct a reasonable search of a person for weapons "where he has reason to believe that he is dealing with an armed and dangerous individual, regardless of whether he has probable cause to arrest the individual
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592 So. 2d 627 Supreme Court of Alabama December 13, 1991 No. 1900342
Carpenter argues that the police had no reasonable and articulable basis to warrant stopping his car.
Carpenter further argues that Officer Griffis was not justified in making a "protective" search of the car for weapons and, furthermore, that he had no probable cause to search the car.
Drugs were found on the defendant and in the car. The Supreme Court noted that the *Page 630 informant's unverified tip may have been insufficient for a narcotics arrest or for a search warrant under Aguilar v.
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