Duck v. State

Louie Carl Duck was found guilty of trafficking in marijuana. He was sentenced to 3 years and fined $25,000. On appeal, he contends that the warrantless seizure of marijuana from his premises was illegal and that his motion to suppress should have been granted.

The facts are as follows: On June 10, 1986, the appellant filed a missing vehicle report with the Albertville Police Department. On June 11, 1986, the appellant recoverd his car and notified Albertville Police that he wanted the report withdrawn. At 11:00 p.m. that evening, Officers Billy Wear and Billy Wright of the Albertville Police…