STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT STATE OF LOUISIANA NO. 2019 KW 1332 VERSUS

JUSTIN ZERINGUE OEC 0 6 2019 In Re: State Of Louisiana, applying for supervisory writs, 17th Judicial District Court, Parish of Lafourche, Nos. 583448, 583449.

BEFORE: MCCLENDON, WELCH, AND HOLDRIDGE, JJ.

WRIT DENIED. When reviewing a trial court' s a ruling on motion to suppress based on findings of fact, great weight is placed on the trial court' s determination because the court has the opportunity to observe the witnesses and weigh the credibility of their testimony. See State v. Green, 94- 0887 La. 5/ 22/ 95), 655 So. 2d 272, 281; State v. Peterson, 2003- 1806 La. App. 1st Cir. 12/ 31/ 03), 868 So. 2d 786, 792, writ denied, 2004- 0317 ( La. 9/ 3/ 04), 882 So. 2d 606. Appellate courts will not set a credibility determination aside unless it is clearly contrary to the evidence.

JEW GH

McClendon, J., dissents and would grant the writ. In this case, based on the totality of the circumstances, I find there was a " substantial basis" for concluding that probable cause existed. Illinois v. Gates, 462 U. S. 213, 103 S. Ct. 2317, 76 L. Ed. 2d 527 ( 1983); State v. Green, 2002- 1022 ( La. 12/ 4/ 02), 831 So. 2d 962, 969; State v. Washington, 2010- 1807 ( La. 1st App. Cir. 5/ 6/ 11), 2011 WL 2616850, 11. "[ at * A] fter- the- fact scrutiny by courts of the sufficiency of an affidavit should not take the form of de novo review." Gates, 462 U. S. at 236, 103 S . Ct . at 2331. Accordingly, I would find merit in the State' s contention that the lower court erred in granting the motion to suppress.

COURT OF APPEAL, FIRST CIRCUIT

DEPUTY CLERK OF COURT FOR THE COURT