Maxwell v. State

The appellants, Earl Maxwell and Denise Avellina, were each indicted in a two-count indictment charging possession of marijuana for other than personal use, in violation of §13A-12-213(a)(1), Code of Alabama 1975, and possession of marijuana for personal use after having been convicted of unlawful possession of marijuana, in violation of §13A-12-213(a)(2), Code of Alabama 1975. They filed motions to suppress the evidence seized, on the grounds that the search and seizure were illegal and violated their state and federal constitutional rights. Following a hearing, the trial court denied their…