"[A]n unlawful search taints not only the evidence obtained at the search, but facts discovered by a process initiated by the unlawful search."
How later courts described this case
- "[A]n unlawful search taints not only the evidence obtained at the search, but facts discovered by a process initiated by the unlawful search."
Written by the judges who cited it.
Later courts went against this
Disagreed with by State v. Wilbanks, 289 Ala. 166 (1969)
But in any event, we must disagree with the statement in the opinion of the Court of Appeals that this court “since Duncan v. State, 278 Ala. 145, 176 So.2d 840, has tended to put the burden on the trial judge, ex mero motu to withdraw the jury, hear the voir dire, and expressly rule.
The opinion
COLEMAN, Justice
(concurring specially).
I concur in reversal on the ground that evidence obtained by illegal search was erroneously admitted. I agree that the photographs and the evidence showing the confessions were admitted without error. As to other matters discussed I express no opinion.
SIMPSON, J., concurs in the foregoing.