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STATE v. DeMENT

6 Div. 374, 6 Div. 374-A to 6 Div. 374-D.

424 So.2d 657 (1981)

The STATE of Alabama v. Robert Michael DeMENT, alias and John Dowling Thomas, alias.

Court of Criminal Appeals of Alabama.

Rehearing Denied February 24, 1981.

Attorney(s) appearing for the Case

Charles A. Graddick, Atty. Gen., and J. Anthony McLain and James F. Hampton, Sp. Asst. Attys. Gen., for appellant.

Joel L. Sogol of Sogol & Chandler and C. Delaine Mountain of Crownover & Mountain, Tuscaloosa, for appellee.

BOWEN, Judge.

This is a consolidated appeal by the State of Alabama in five cases involving two defendants (John Dowling Thomas in four cases and Robert Michael DeMent in one case). In each case the circuit court declared the statute unconstitutional. The specific issue presented by this appeal is the constitutionality of Act Number 520 of the 1976 Regular Session of the Alabama Legislature.

Act Number 520 provides: "Section 1. Whenever any search...

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