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Simmons v. State4/28/2000
at 44, quoting Wamble v. State, 593 So.2d 109, 110 (Ala.Cr.App. 1991).
In this case, Detective Vincent Cunningham, the affiant, stated in the affidavit for search warrant:
"I, Detective Vincent Cunningham, Birmingham Police Department, am investigating the homicide of [M.A.] of 2040 Highland Avenue, South, Apartment 1105, Birmingham, Jefferson County, Alabama. Her body was found on January 3, 1996 at approximately 9:30 p.m. at 2040 Highland Avenue, South, Apartment 1105, Birmingham, Jefferson County, Alabama. Her body had several stab wounds and she had been disemboweled.
"My investigation has revealed that [M.A.] was seen at approximately 2:00 p.m. at South Place Pool Hall during which Simmons pulled a pocketknife. The witness indicated that [M.A.] interceded in the dispute. The witness indicated that approximately 4:00 p.m. [M.A.] and Simmons left the bar together. At approximately 4:30 p.m. a witness indicated that [M.A.] and Simmons entered the apartment complex located at 2040 Highland Avenue, Birmingham, Jefferson County, Alabama.
"During the course of this investigation hair fibers were secured from the victim's body and her bathroom. The victim's body was completely nude. It is believed that the hair samples found on the victim's body and in her bathroom may belong to Clarence Simmons.
"Affiant shows that based on the above and foregoing facts and information, affiant has probable cause to believe that the above described property is concealed upon or within the aforesaid person(s), place or thing, and that the above described property is subject to seizure and makes this affidavit so that a warrant may issue to search the said person(s), place or thing." (C. 201-02.)(Emphasis added.)
The affidavit also included a handwritten note, which was initialed by the issuing judge, indicating Simmons's address. The affidavit was signed by the issuing judge and by Detective Cunningham. The search warrant authorized any law enforcement officer to search Simmons and his residence for a pocketknife and for any evidence of the crime of murder, including bloody clothing and shoes.
Because the affidavit indicated that M.A. had been stabbed and disemboweled, the judge could clearly infer that the murderer's clothing and shoes would be bloody, and that a knife was used to commit the murder. See Money v. State, supra (stating that this Court will interpret the affidavit supporting the search warrant in a common sense manner). Considering the totality of the information available to the issuing judge, we find that the information contained in the affidavit adequately revealed the items listed in the search warrant. Thus, the trial court did not err in denying the motion to suppress the evidence seized during the execution of the search warrant.
Furthermore, we note that probable cause was established to issue a warrant to search Simmons's apartment. Given that Cunningham stated in the affidavit that a witness had informed him that Simmons was seen with a knife in a bar with M.A. the afternoon before the murder occurred, and that a witness informed him that Simmons was seen walking into M.A.'s apartment complex the afternoon before M.A.'s body was discovered, sufficient probable cause was established to issue a warrant to search Simmons's residence.
X.
Simmons contends that his "conviction and sentence should be reversed due to the unconstitutionality of the death penalty and in particular electrocution as punishment." (Simmons's brief to this Court at p. 54.)
Simmons's argument has been rejected numerous times by this Court.
"There is an abundance of caselaw, ... t
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