STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT STATE OF LOUISIANA NO. 2023 KW 0462 VERSUS

KERON D. LANDRY MAY 17, 2023

In Re: Keron D. Landry, applying for supervisory writs, 23rd Judicial District Court, Parish of Ascension, No. 46260.

BEFORE: GUIDRY, C. J., WOLFE AND MILLER, JJ.

WRIT GRANTED. The traffic stop, detention, and search of

relator' s trailer and vehicle were captured on the investigating officer' s body camera. The video is the best evidence of what occurred during this incident. The totality of the circumstances existing at the time of the stop did not create reasonable suspicion of a drug crime or any other criminal

activity. See United States v. Cortez, 449 U. S. 411, 417- 18, 101 S. Ct. 690, 66 L. Ed. 2d 621 ( 1981). Absent reasonable suspicion of additional criminal activity, waiting for or

conducting a dog sniff cannot prolong a stop justified by only a traffic violation beyond the amount of time reasonably required to complete the mission of issuing a traffic ticket and attending to related safety concerns. See Rodriguez v. United States, 575 U. S. 348, 135 S. Ct. 1609, 191 L. Ed. 2d 492 ( 2015).

Therefore, the district court abused its discretion in denying the motion to suppress. Accordingly, the district court' s ruling is reversed, the motion is granted, and this matter is remanded for further proceedings.

JMG EW SMM

COURT OF APPEAL, FIRST CIRCUIT

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