Clark v. State
Court of Criminal Appeals of Alabama
1Opinion of the Court
Herman Clark was convicted of possession of cocaine, sentenced to eighteen years' imprisonment, and fined $5000. That conviction must be reversed because of an improper search and because the prosecution failed to prove the defendant's guilt.
I
The defendant argues that the trial court erred by denying his motion to suppress the evidence found in his clothing. He contends that the search warrant authorizing the search of his person was invalid because the description of the person to be searched was deficient. We agree.
The search warrant was issued upon the affidavit of Tim Green, a narcotics…
2Cases cited16 opinions
- Ybarra v. IllinoisSupreme Court of the United States · 1980
- United States v. Di ReSupreme Court of the United States · 1948
- Temple v. StateCourt of Criminal Appeals of Alabama · 1978
- Ex Parte BeverlySupreme Court of Alabama · 1986
- Daniels v. StateCourt of Criminal Appeals of Alabama · 1973
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3Cited by5 opinions
- Freeman v. StateCourt of Criminal Appeals of Alabama · 1994
- People v. LanceAppellate Court of Illinois · 2021
- Brooks v. StateCourt of Criminal Appeals of Alabama · 1991
- People v. LanceAppellate Court of Illinois · 2021
- State v. GarrisonCourt of Criminal Appeals of Alabama · 2005