SMITH v. STATE

SC 463.

289 So.2d 816 (1974)

In re Johnny SMITH v. STATE of Alabama. Ex parte STATE of Alabama ex rel. ATTORNEY GENERAL.

Supreme Court of Alabama.

February 7, 1974.


Attorney(s) appearing for the Case

William J. Baxley, Atty. Gen. and P. B. McLauchlin, Jr., Special Asst. Atty. Gen., for the State.

No brief for respondent.


PER 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...

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