Legal Opinion

Smith v. State

Supreme Court of Alabama

Decided February 7, 1974No. SC 463Published

1Opinion of the Court

289 So.2d 816 (1974)

In re Johnny SMITH

v.

STATE of Alabama.

Ex parte STATE of Alabama ex rel. ATTORNEY GENERAL.

SC 463.

Supreme Court of Alabama.

February 7, 1974.

William J. Baxley, Atty. Gen. and P. B. McLauchlin, Jr., Special Asst. Atty. Gen., for the State.

No brief for respondent.

2Per curiam

Can a search lawfully be made of a person who knocks on the door of an apartment, then being searched by the police pursuant to a valid search warrant, when the person is not known to the police, not named in the search warrant and there is no probable cause to believe he has committed any offense? We are compelled to…

3Cases cited15 opinions

  1. Terry v. OhioSupreme Court of the United States · 1968
  2. United States v. Di ReSupreme Court of the United States · 1948
  3. State v. De SimoneSupreme Court of New Jersey · 1972
  4. Willis v. StateCourt of Appeals of Georgia · 1970
  5. United States v. FestaDistrict Court, D. Massachusetts · 1960

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