Ex Parte Jenkins
Supreme Court of Alabama
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
- United States v. LeonSupreme Court of the United States · 1984
- Marron v. United StatesSupreme Court of the United States · 1927
- Berger v. New YorkSupreme Court of the United States · 1967
- Stanford v. TexasSupreme Court of the United States · 1965
- Go-Bart Importing Co. v. United StatesSupreme Court of the United States · 1931
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