Defendant was questioned for having sex with a developmentally disabled teenager who could not talk. The officer noticed dried blood on his hands, and swabbed it with distilled water. It proved to be the victim’s. The taking of the blood sample was reasonable under Cupp v. Murphy. Dardy v. State, 2012 Ala. Crim. App. LEXIS 110 (December 14, 2012):
These facts provided probable cause to believe that the blood on Dardy's hands was evidence of a crime. Because Dardy could have easily attempted to destroy the evidence by wiping it off or by putting his fingers in his mouth, exigent circumstances existed from "the ready destructibility of the evidence." Cupp, 412 U.S. at 296. Thus, the warrantless search was justified under the probable-cause-coupled-with-exigent-circumstances exception.
Furtive movements plus a lone bullet on the seat when defendant got out justified a Long frisk of the vehicle. State v. Craig, 2012 Ala. Crim. App. LEXIS 114 (December 14, 2012).
A bag of crack was in plain view on the floorboard when defendant was stopped. State v. Moore, 2012 Ala. Crim. App. LEXIS 118 (December 14, 2012).*
↧
