Legal Opinion · Dissent

King v. State

Court of Criminal Appeals of Alabama

Decided April 4, 2008No. CR-06-1269Published

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

  1. Florida v. JimenoSupreme Court of the United States · 1991
  2. United States v. Elvis A. Garrido-SantanaCourt of Appeals for the Sixth Circuit · 2004
  3. Tillman v. StateCourt of Criminal Appeals of Alabama · 1994
  4. Cannon v. StateCourt of Criminal Appeals of Alabama · 2007

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