Ex Parte Turner

Under this Court's analysis in Ex parte Oswalt,686 So.2d 368, 372 (Ala. 1996), anticipatory search warrants were not authorized under Alabama law at the time the police officers searched Michael Turner's home. Because I was not on the Court when it decided Oswalt and because I have not had the benefit of argument on the validity of that case,4 I must apply the holding in Oswalt equally to all criminal defendants. MADDOX, Justice (dissenting).

When the search warrant in this case was issued, the Alabama Court of Criminal Appeals5 and at least six courts of appeals for Federal circuits6 had held…