Legal Opinion

State v. McFall

Court of Criminal Appeals of Alabama

Decided March 25, 1994No. CR 92-1333Published

1Opinion of the Court

McMILLAN, Judge.

The State appeals from the trial court’s order granting Michael Edwin McFall’s motion to suppress.

The defendant was charged with possession of a controlled substance, in violation of § 13A-12-212, Code of Alabama 1975. He moved to suppress the marijuana and the drug paraphernalia found in his mobile home because, he argued, it was seized pursuant to an unlawful execution of a search warrant. More particularly, he argued that law enforcement officials failed to comply with Alabama’s “knock-and-announce” statute. § 15-5-9, Code of Alabama 1975. The trial court, in granting this…

2Cases cited8 opinions

  1. Robert McClure Jr., and Donald Gaxiola v. United StatesCourt of Appeals for the Ninth Circuit · 1964
  2. Jackson v. StateCourt of Criminal Appeals of Alabama · 1991
  3. Laffitte v. StateCourt of Criminal Appeals of Alabama · 1979
  4. Simmons v. StateCourt of Criminal Appeals of Alabama · 1983
  5. Irwin v. StateCourt of Criminal Appeals of Alabama · 1982

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