Legal Opinion · Dissent

Ex Parte Jenkins

Supreme Court of Alabama

Decided June 26, 2009No. 1061674Published

1DissentWoodall, Justice

In this case, it is obvious that there was probable cause for the issuance of a warrant to search for marijuana. However, the search warrant did not mention marijuana. Instead, it authorized a search of “[a]ny/all vehicles, people, or buildings located on or within the [curtilage] of [Jenkins’s] residence” for “[a]ny/all drugs, eon-traban[d] or items of evidence connected to but not limited to the (scales, pipes, baggies, cash, weapons, documents, etc.) use, [sale], and/or storage of these type items.” It is this language that Jenkins contends is unconstitutionally broad, and I agree with him.

2Cases cited13 opinions

  1. United States v. LeonSupreme Court of the United States · 1984
  2. Marron v. United StatesSupreme Court of the United States · 1927
  3. Berger v. New YorkSupreme Court of the United States · 1967
  4. Stanford v. TexasSupreme Court of the United States · 1965
  5. Go-Bart Importing Co. v. United StatesSupreme Court of the United States · 1931

8 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API