STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT STATE OF LOUISIANA NO. 2020 KW 1206 VERSUS

STEVEN RAY MCCARTHY DECEMBER 30, 2020

In Re: Steven Ray McCarthy, for applying supervisory writs, 21st Judicial District Court, Parish of Livingston, No. 38998.

BEFORE: GUIDRY, McCLENDON, AND LANIER, JJ.

WRIT GRANTED. The district 16, 2020 court' s July ruling denying relator' s motion to suppress is reversed. The state failed to meet its burden of proof, which required the state to present articulable facts to establish that relator' s probation/ parole officer had reasonable suspicion to believe that relator was engaged in or had been engaged in criminal activity before she and other law enforcement agencies searched his property. See La. Code Crim. P. 895( A)( 13); art. La. R. S.

15: 574. 4. 2. See also State v. Cyre, 2019- 0034 ( La. 1st App. Cir. 12/ 19/ 19), 292 So. 3d 88, 97- 98, denied, writ 2020- 00142 La. 5/ 26/ 20), 296 So. 3d 1063.

JMG WIL

McClendon, J., dissents and would deny the writ application.

COURT OF APPEAL, FIRST CIRCUIT

4 DEPUTY FOR L RK OF COURT THE COURT