Ex parte Victoriano Rivera Lemus, Jr.

Summary

The Alabama Supreme Court held that an anticipatory search warrant issued in April 1996 was not authorized by Alabama statute or court rule. Applying Ex parte Turner, the court rejected the good-faith exception and ruled that evidence seized from Lemus's residence and person was inadmissible as fruit of an illegal search, reversing and remanding the case.

Holdings

1. At the time Lemus's warrant was issued and executed in April 1996, Alabama statutory law and procedural rules did not authorize or contemplate anticipatory search warrants.
2. The United States v. Leon good-faith exception did not permit admission of evidence seized under an anticipatory search warrant issued without authority under Alabama law.
3. The marijuana and drug paraphernalia seized from Lemus's residence and person were inadmissible as fruit of the poisonous tree.

Questions Presented

1. Whether Alabama law authorized the issuance and execution of an anticipatory search warrant in April 1996.
2. Whether the good-faith exception to the exclusionary rule permitted admission of evidence seized under an anticipatory search warrant that was unauthorized by Alabama statute or court rule.
3. Whether marijuana and drug paraphernalia seized during the unlawful search were inadmissible as fruit of the poisonous tree.

Disposition

reversed_and_remanded