570 So. 2d 781 | Ala. Crim. App. | 1990
The appellant was convicted of trafficking in cannabis and was sentenced to 25 years' imprisonment, pursuant to the Habitual Felony Offender Act. He was also ordered to pay a fine of $25,000.
However, following the swearing and empaneling of the jury, the appellant made a motion for mistrial, during which he indicated *783
that he had intended that strike to be a challenge for cause. The trial judge stated that he did not understand it as such and that the appellant had had the opportunity to make any challenges for cause following the voir dire and prior to making the peremptory challenges. This objection to the matter by the appellant was untimely. Cf. Williams v. State,
Furthermore, the State presented other circumstantial evidence, testimony concerning the appellant's flight from the car upon seeing the police, as tending to establish his knowledge of the presence of prohibited substances. Cf.Carlisle v. State,
The State presented sufficient evidence from which a jury could reasonably conclude that the appellant had the requisite knowledge for a conviction of trafficking in marijuana.
"When the police make an arrest or search without a warrant, they initially make the probable cause decision themselves. The 'on-the-scene assessment of probable cause provides a legal justification for arresting a person suspected of a crime, and for a brief period of detention to take the administrative steps incident to arrest,' but an ex parte 'judicial determination of probable cause [is] a prerequisite to extended restraint on liberty following arrest.'. . . Otherwise, a subsequent judicial determination of whether there was probable cause for the warrantless police action will ordinarily occur only if initiated by the defendant upon a motion to suppress evidence claimed to be a fruit of an illegal arrest or search."
LaFave and Israel, Criminal Procedure (1984), § 3.3(a). (Footnotes omitted.)
Thus, because the appellant failed to raise at trial the issue of insufficient probable cause to arrest, this issue is precluded from appellate review. Peterson v. State,
AFFIRMED.
All the Judges concur.