Foxall v. State

Defendant-appellant (Foxall) was tried by court and convicted of Possession of Opium. Prior to trial Foxall’s Motion to Suppress Evidence was overruled.

Foxall argues on appeal that (1) there was insufficient probable cause to support the issuance of a warrant to search his apartment for certain stolen property and heroin, (2) the search of the appellant during the execution of the warrant involved such unreasonable force as to deny him due process of law, and (3) therefore, the conviction is based upon evidence obtained from an illegal search and is contrary to law.

The search warrant in…