Legal Opinion
Smith v. State
Supreme Court of Alabama
Decided February 7, 1974No. SC 463PublishedCited by 16 opinions
1Per 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 conclude that such a search is an unreasonable search and seizure within the proscription of the Fourth Amendment to the Constitution of the United States.
On Saturday, August 28, 1971, Bobby Eddy, a narcotics officer for the Sheriff’s Office of Madison County, procured a valid…
2Cases cited15 opinions
- Terry v. OhioSupreme Court of the United States · 1968
- United States v. Di ReSupreme Court of the United States · 1948
- State v. De SimoneSupreme Court of New Jersey · 1972
- Willis v. StateCourt of Appeals of Georgia · 1970
- United States v. FestaDistrict Court, D. Massachusetts · 1960
10 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Smith v. StateCourt of Criminal Appeals of Alabama · 2003
- Foy v. StateCourt of Criminal Appeals of Alabama · 1980
- Thomas v. StateCourt of Criminal Appeals of Alabama · 1977
- Stanfield v. StateCourt of Criminal Appeals of Alabama · 1988
- State v. HailsCourt of Criminal Appeals of Alabama · 2000
11 more not listed; retrieve them via the Exa API.