Legal Opinion

State v. Spivey

Court of Criminal Appeals of Alabama

Decided April 15, 1994No. CR 92-2070PublishedCited by 3 opinions

1Opinion of the Court

BOWEN, Presiding Judge.

Kelvin Spivey was indicted for possession of cocaine. He filed a pre-trial motion to suppress the cocaine, alleging that it was seized during a search based upon a defective warrant. After an evidentiary hearing, the trial court granted the motion to suppress. The State appeals from that order pursuant to Rule 15.7, A.R.Crim.P.

On the afternoon of February 20, 1991, a district court judge in Jefferson County issued a search warrant for “Kelvin Spivey, 601 Dublin Avenue South, Birmingham, Jefferson County, Alabama.” C.R. 83 (emphasis added). The affidavit in support of…

2Cases cited16 opinions

  1. United States v. LeonSupreme Court of the United States · 1984
  2. Brinegar v. United StatesSupreme Court of the United States · 1949
  3. New Jersey v. T. L. O.Supreme Court of the United States · 1985
  4. Maryland v. GarrisonSupreme Court of the United States · 1987
  5. Massachusetts v. SheppardSupreme Court of the United States · 1984

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3Cited by3 opinions

  1. White v. StateMississippi Supreme Court · 2003
  2. Roberson v. StateCourt of Criminal Appeals of Alabama · 2002
  3. James v. White v. State of MississippiMississippi Supreme Court · 2000

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