Public-domain · open source
OpenJurist

44 Ala. App. 637

218 So.2d 698

Muller v. State

Alabama Court of Appeals

Decided October 8, 1968

Alabama Court of Appeals · decided 1968-10-08

Good law ✅— No negative treatment on recordhow we know

Decided 1968-10-08

How this case has been cited

Cited by 32 later decisions — most recently July 1992 · most notably 50 Ala. App. 465 - McNair v. State (1973), 52 Ala. App. 265 - Goodman v. State (1974)

32 state decisions

2001968197019801990decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

CATES, Judge

¶1(dissenting).

¶2What I cannot digest is the contradiction in the arrest of the appellant.

¶3I.

¶4Reasoning backwards I find my Brother JOHNSON deducing:

“Here, the information within the knowledge of the police officers at the time of appellant’s arrest clearly furnished grounds for a reasonable cause for believing that appellant had committed the robbery in question. It was much more than a mere suspicion.

¶5Yet the main factual premise for this conclusion is stated:

“Officer Ralph Jordan testified that a young blonde female, later identified as Diana Crosby, answered the door; that he asked her to bring everyone in the house downstairs and that she returned a few minutes later with appellant; and that he then informed them that they were under arrest.

¶6If it was necessary to bring “everyone” out of the house how can it be said that there was knowledge (within the constitutional standards) that appellant was present in the premises ?

¶7II.

¶8Perhaps it was reasonable to expect that the appellant was in his own home. However, I fail to see fresh pursuit or any other recognized exception to justify dragging him out of his home without a warrant.

/44/alaapp/637 · .json · Public domain