Ex Parte Kaercher, 554 So. 2d 1152

The petition for writ of certiorari is denied.

In denying the petition for writ of certiorari, this Court does not wish to be understood as approving all the language, reasons, or statements of law in the Court of Criminal Appeals' opinion. Horsley v. Horsley, 291 Ala. 782, 280 So.2d 155 (1973).

We particularly disapprove the statement in part II of the opinion, 554 So.2d 1143 (Ala.Cr.App. 1989), that "It was appellant's burden to show initially, at the hearing on the motion to suppress, that the seizure was not pursuant to a warrant." See, e.g., Ex parte Paschal, 365 So.2d 681, 682 (Ala. 1978): "This objection placed upon the State the burden of showing either a warrant or one of the reasonable exceptions to a warrantless search."

WRIT DENIED.

HORNSBY, C.J., and MADDOX, ALMON, SHORES and ADAMS, JJ., concur.

Case Details

Case Name: Ex Parte Kaercher

Court Name: Supreme Court of Alabama

Date Published: Dec 1, 1989

Citations: 554 So. 2d 1152; 1989 WL 161153; 89-81

Docket Number: 89-81

Court Abbreviation: Ala.