Opinion

State v. Compton

  • 711 So. 2d 1114
  • 1997 Ala. Crim. App. LEXIS 232
  • 1997 WL 340668
Court
Court of Criminal Appeals of Alabama
Filed
Jun 20, 1997
Status
Published
Author
McMILLAN
On the bench
Memillan, Brown
Cited by
2 cases
Authority
More cited than 44.7%

The opinion

MeMILLAN, Judge.

The State appeals from the trial court’s order granting Freda Marie Compton’s motion to suppress what she alleges was illegally seized evidence.

On this appeal, the State asserts that Compton had no standing to raise the issue of the validity of a warrantless search of the vehicle that she was driving. The State did not raise the issue of standing at the suppression hearing; that issue, therefore, has been waived. While it is true that Compton did not demonstrate that she had a legitimate expectation of privacy in the vehicle from which the evidence was seized pursuant to the warrantless search, the State did not question her standing to raise a Fourth Amendment challenge below; it is therefore precluded from questioning standing on appeal. See Hopkins v. State, 661 So.2d 774 (Ala.Cr.App.1994); Cook v. State, 574 So.2d 905 (Ala.Cr.App.1990).

The order of the trial court granting the motion to suppress was proper.

AFFIRMED.

All Judges concur, except BROWN, J., who concurs in result only, without opinion.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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