State Of Louisiana v. Tydarious Jackson

STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT

STATE OF LOUISIANA NO. 2021 KW 0795

VERSUS

TYDARIOUS JACKSON OCTOBER 1, 2021

In Re: State of Louisiana, applying for supervisory writs, 21st Judicial District Court, Parish of Tangipahoa, No. 2001359.

BEFORE: MCCLENDON, WELCH, AND THERIOT, JJ.

WRIT GRANTED. The ruling of the district court granting the defendant' s motion to suppress is reversed, and this matter is remanded to the district court for further proceedings. The defendant had no reasonable expectation of privacy in the abandoned house that did not belong to him; thus, neither a warrant nor an exception to the warrant requirement is needed for the seized evidence to be admissible. State v. Brumfield, 2005- 2500 ( La. App. 1st Cir. 9/ 20/ 06), 944 So. 2d 588, 592, writ denied, 2007- 0213 ( La. 9/ 28/ 07), 964 So. 2d 353; State v. Fielding, 37, 943 ( La. App. 2d Cir. 12/ 10/ 03), 862 So. 2d 420, 430, writ denied, 2004- 0249 ( La. 1/ 14/ 05), 889 So. 2d 256.

PMC

JEW

MRT

COURT OF APPEAL, FIRST CIRCUIT

DEPUTY LERX OF COURT

FOR THE COURT