Summary
recognizing that the mere approach and questioning of a person seated in a parked vehicle do not constitute a seizure within the meaning of the Fourth Amendment
Summary of this case from Muse v. StateOpinion
No. 1071664.
November 26, 2008.
(Jefferson Circuit Court, Bessemer Division, CC-06-73; Court of Criminal Appeals, CR-06-1712); Teresa B. Petelos, Judge.
Talitha Powers Bailey, Birmingham, for petitioner.
Submitted on petitioner's brief only.
Prior report: Ala.Crim.App., 10 So.3d 117.
The petition for the writ of certiorari is denied.
In denying the petition for the writ of certiorari, this Court does not wish to be understood as approving all the language, reasons, or statements of law in the Court of Criminal Appeals' opinion. Horsley v. Horsley, 291 Ala. 782, 280 So.2d 155 (1973).
WRIT DENIED.
SEE, WOODALL, STUART, SMITH, BOLIN, PARKER, and MURDOCK, JJ., concur.
LYONS, J., dissents.