Malone v. State

(dissenting) :

I cannot follow my learned brothers in their reversal of this case.

The incriminating evidence was not found on appellant’s person. It was not the fruit of the immediate search. The heroin was seen by the officer when it fell to the ground. He observed it in daylight in open view. See Hayes v. State, 44 Ala. App. 539, 215 So.2d 604.

The affidavit, the keystone for their action, is said to be deficient. Aside from this determination, it is my judgment that at the time Officer Sullivan approached the appellant, he was armed with an arrest warrant which he had no reason to believe…