Reeves v. State

482 So. 2d 1298, 1985 Ala. Crim. App. LEXIS 5764
Court of Criminal Appeals of Alabama·Decided October 8, 1985·No. 3 Div. 841·Published·Cited by 2 cases

Opinions

LEIGH M. CLARK, Retired Circuit Judge.

This is an appeal from a judgment of conviction and sentence on defendant’s plea of guilty to an indictment charging in pertinent part that David Reeves “did unlawfully, willfully, feloniously and knowingly sell, manufacture, deliver or bring into the State of Alabama, or have in his possession in excess of one kilo or 2.2 pounds of canni-bas 1 contrary to the provisions of Section 20-2-80 of the Code of Alabama.”

Defendant had first entered a plea of not guilty, but before the trial of the case commenced he obtained a hearing on his motion to suppress the cannabis, which motion contained two grounds only. The first ground alleged that the contraband was “the product of an unlawful search and seizure,” while the second ground stated that there was “no probable cause upon which to base a search of defendant’s home from which the cannabis was taken” and where defendant was at the time it was taken. Upon submission of the motion to suppress, it was denied by the trial court. There was then plea bargaining between counsel for the parties that resulted in an understanding among all concerned that defendant could appeal from the judgment of conviction and sentence without prejudice to his right to review a denial of his motion to suppress.

By the first issue presented in brief of counsel for appellant, he urges that in the execution of the search warrant the officer executing it failed to comply with Code of Alabama 1975, § 15-5-9, which provides:

“To execute a search warrant, an officer may break open any door or window of a house, any part of a house or anything therein if after notice of his authority and purpose he is refused admittance.”

The only testimony taken on the motion to suppress was that of three law enforcement officers, who testified on call of the State. One of them was not in the area of the execution of the search warrant; another was “about three quarters of a block” away from the house to be searched at the time the third entered the front door of the house at about 6:15 P.M., about thirty or forty minutes before sunset. The officer who actually executed the warrant was Officer Charles G. West, who at the time was an officer of the Alabama Department of Public Safety. We quote from some of his lengthy testimony as follows:

“Q. ... What responsibilities were you given?
“A. To take a copy of the search warrant with Officer Dotson with the Montgomery Police Department, to go the residence and get Mr. Reeves to the door.
“Q. Who gave you the search warrant?
“A. Deputy Mills.
“Q. All right. When you approached— when you got to Fourteen Houster Street with Officer Dotson, tell me what happened.
“A. I exited my vehicle. Officer . Dotson stayed in it. There was a white male outside of the house. I asked him if Mr. Reeves was at home and he said he was. At that time, the white male went in the house and I went to the front door.
“Q. Did he go in the front door as well?
“A. No, sir. It was a side door or back door.
“Q. Did you recognize this white male?
“A. No, sir.
“Q. As you were approaching the house, tell me what happened.
“A. I went to the front door. The main door was open. The screen door was [1300]*1300closed. Mrs. Reeves [afterwards he changed the name to ‘Mrs. Crouse’] was inside and I asked her, you know, if David was at home and if he would come to the door. She said he was.
“Q. When you say Mrs. Reeves, who is that you are speaking about?
“A. Mrs. Crouse. (Indicating).
“Q. This lady right here with the red hair?
“A. Yes, sir.
“Q. She is the one who came to the door you spoke with?
“A. Yes, sir.
“Q. Okay. Go ahead.
“A. I asked her twice about Mr. Reeves, and she said he was coming. I waited there two or three minutes. He did not come to the door.
“Q. All right. Go ahead.
“A. I pulled the screen door open and I identified ...
“Q. Before you go further, at the point in time when you were on the outside and she is on the inside and you are asking for Reeves and she is saying he is coming, tell me any other conversation that is taking place at this time between you two, if any?
“A. None.
“Q. Okay. So you have made several requests and nothing has happened. It has been three or four minutes. Tell me what happened next.
“A. I opened the screen door.
“Q. When you say you opened the screen door, was it locked in any form or fashion?
“A. No, sir.
“Q. So the front door was open?
“A. The screen door was shut but was not locked. Yes, sir.
“Q. Tell me what happened next when you opened the screen door?
“A. I took my badge from my pocket and also the search warrant, opened the badge and I told them who I was.
“Q. Tell me exactly what you said, if you remember.
“A. Told them, I am Charles West, Department of Public Safety and had a search warrant for the house.
“Q. While you were saying these words, what, if anything, is in your hands?
“A.

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Reeves v. State, 482 So. 2d 1298, 1985 Ala. Crim. App. LEXIS 5764 (Ala. Ct. App. 1985).

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Related

Crouse v. State
482 So. 2d 1305 (Court of Criminal Appeals of Alabama, 1985)