City of Attalla v. Smith

James Smith was indicted for the unlicensed carrying of a pistol in a vehicle, in violation of § 13A-11-73, Code of Alabama 1975. Smith filed a motion to suppress, in which he alleged that the police did not have probable cause to stop his vehicle. The circuit court granted Smith's motion, and the City of Attalla filed this appeal

Rule 15.7(a), A.R.Crim.P., provides:

"An appeal may be taken by the state in a felony case to the Court of Criminal Appeals from a pre-trial order of the circuit court (1) suppressing a confession or admission of other evidence, (2) dismissing an indictment,…