J.J.D. v. State

J.J.D., Jr. (“J.J.D.”), appealed from the Mobile Circuit Court’s order revoking his probation. The Court of Criminal Appeals affirmed, by an unpublished memorandum, but with a dissenting opinion. J.J.D. v. State, 778 So.2d 239 (Ala.Crim.App.1999). We granted J.J.D.’s petition for certiorari review. Because the circuit court erred in revoking J.J.D.’s probation, we reverse and remand.

I

In January 1999, Deputy James Mayo stopped J.J.D., who was on probation at the time, for a driving violation. J.J.D. had two passengers in the automobile at the time. Mayo searched J.J.D. and both passengers. On…