Foy v. State

Leon Foy was indicted by the grand jury in 1976 for violation of the Alabama Uniform Controlled Substances Act, § 20-2-1, et seq., Code of Alabama 1975, in that he did "unlawfully possess 1.961 grams of powder containing heroin, a narcotic drug." At trial in 1979,1 Foy was found guilty and sentenced to serve three years in the state penitentiary. Foy's sole contention on appeal is that the trial court erred in overruling his timely motion to suppress evidence of the heroin, allegedly the fruit of an unlawful search and seizure.

Charles F. Trucks, a sergeant with the Birmingham Police…