Hawkins v. State

Dwayne Lamar Hawkins was convicted of possession of a controlled substance, in violation of § 13A-12-212, Ala. Code 1975. The Court of Criminal Appeals reversed the conviction. We reverse and remand.

The issue is whether the cocaine found in Hawkins's possession was the product of an illegal search and seizure.

Hawkins was stopped by two City of Montgomery police officers for a routine traffic violation. One of the police officers asked Hawkins for his driver's license. Hawkins informed the officer that he did not have his driver's license with him. The police officer began to issue a Uniform…