Supreme Court of Alabama

Ex Parte State of Alabama

March 1, 20132013 Ala. LEXIS 16

Summary

The court held that the circuit judge exceeded his discretion by refusing to issue a search warrant based on erroneous legal grounds rather than properly determining whether probable cause existed. The undisputed affidavit and video established a fair probability that the casino contained illegal slot machines or gambling devices, and the State had no adequate alternative remedy. The court therefore granted mandamus and directed issuance of the warrant.