628 So. 2d 686 | Ala. Civ. App. | 1993
This is a condemnation and forfeiture case.
The State of Alabama filed a complaint in June 1992, requesting that the Houston County Sheriff's Office receive title to a vehicle titled to Roscell V. Stringer, pursuant to Ala. Code 1975, §
Stringer contends on appeal that the forfeiture was predicated upon an illegal search and seizure, and that Alabama's forfeiture statute violates the equal protection provisions of the United States Constitution and the Alabama Constitution.
When evidence is presented ore tenus, the judgment of the trial court is presumed to be correct and will be affirmed when it is supported by competent evidence, unless it is shown to be plainly wrong. Culpepper v. State,
The record contains testimony that in June 1991, the Houston County Sheriff's Department, acting on information received from a confidential informant, obtained a search warrant for the home of Clifford Rich. The sheriff's deputies were at Rich's house when Rich and Stringer arrived in Stringer's vehicle. Rich exited the vehicle, and the officers, being unsure of the identification of the men, required Rich and Stringer to identify themselves. Stringer produced his driver's license. When Stringer opened the vehicle's glove compartment, the deputy saw two bags of marijuana. The deputy then arrested Stringer.
Stringer first contends that the arrest and forfeiture were based upon an illegal search and seizure and therefore invalid. Specifically, Stringer's arguments that he was not the object of the search warrant, and that there was no justification for stopping him, are meritless because he was required to produce identification when the officers asked both men to identify themselves.
A search warrant for premises does not permit searches of persons who are not reasonably associated with the premises.Stanfield v. State,
Stringer next argues that Ala. Code 1975, §
In a proceeding where the constitutionality of a state statute is challenged, the attorney general of the state is entitled to be heard in the proceedings and must be served with notice. Ala. Code 1975, §
The record contains no indication that Stringer served the attorney general with notice that he was challenging the constitutionality of the Act. When a party challenging the constitutionality of a state statute fails to serve the attorney general, the trial court has no jurisdiction to decide the constitutional claim, and any judgment regarding that claim is void. Roszell v. Martin,
Based on the foregoing, the judgment of the trial court is due to be, and it is hereby, affirmed.
AFFIRMED.
ROBERTSON, P.J., and YATES, J., concur.