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I would affirm the judgment of the Court of Criminal Appeals, because I would hold the "good-faith" exception recognized in United States v.Leon,
468 U.S. 897 (1984), applicable to the anticipatory-search-warrant situation involved here. I appreciate the fact that my position, if adopted by a majority of the Court, would require that we overrule this Court's recent holdings in Ex parte Oswalt,686 So.2d 368 (Ala. 1996), and Ex parte Turner,792 So.2d 1141 (Ala. 2000).
Document Info
Docket Number: 1990896
Citation Numbers: 802 So. 2d 1073, 2001 WL 206044
Judges: Harwood, Houston, Johnstone, See
Filed Date: 3/2/2001
Precedential Status: Precedential
Modified Date: 2/9/2024