King v. State
Court of Criminal Appeals of Alabama
1DissentWelch, Judge
I agree with that portion of the majority’s opinion holding that the initial stop of King’s vehicle was valid pursuant to a properly executed search warrant. However, as discussed below, I do not believe that Deputy Terry Wood had consent to open the film canister he removed from King’s pocket during a patdown search. Therefore, I believe that King’s motion to suppress was due to be granted, and I respectfully dissent.
The majority holds that it was reasonable for the arresting officer, Deputy Wood, to believe that the scope of King’s *35consent to retrieve the film canister from King’s pocket…
2Cases cited4 opinions
- Florida v. JimenoSupreme Court of the United States · 1991
- United States v. Elvis A. Garrido-SantanaCourt of Appeals for the Sixth Circuit · 2004
- Tillman v. StateCourt of Criminal Appeals of Alabama · 1994
- Cannon v. StateCourt of Criminal Appeals of Alabama · 2007