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KINARD v. STATE

SC 1544.

335 So.2d 924 (1976)

In re Joseph A. KINARD v. STATE of Alabama. Ex parte Joseph A. Kinard.

Supreme Court of Alabama.

June 4, 1976.

Attorney(s) appearing for the Case

Thomas M. Haas and Neil L. Hanley, Mobile, for petitioner.

William J. Baxley, Atty. Gen., and Jane LeCroy Robbins, Asst. Atty. Gen., for the State, respondent.

BLOODWORTH, Justice.

This petition for certiorari presents two issues for our determination:

1. Was there a valid warrantless seizure of the pills from petitioner's vehicle by reason of the "plain view" doctrine? 2. Was the seizure of the marihuana, subsequently discovered after a warrantless search of the vehicle, justified under the "exigent circumstances and probable cause" exception?

We answer both questions in the negative. We reverse...

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