Ex Parte Talley

Bernard Talley was convicted of escape from the custody of a police officer under Code 1975, § 13A-10-33. The Court of Criminal Appeals, 479 So.2d 1300 (1985), affirmed the conviction. We granted Talley's petition for a writ of certiorari to decide whether the officers who arrested Talley in fact had the authority to do so. We hold that the arrest was illegal because the officers did not possess a warrant. We, therefore, reverse.

The facts of the case are as follows:

On March 3, 1982, Montgomery police officer Stephen Eiland went to Talley's sister's residence with two other officers in order…