STATE OF LOUISIANA

STATE OF LOUISIANA NO. 2023 KW 0495

VERSUS

APRIL MARIE FORD AUGUST 14, 2023

In Re: April Marie Ford, applying for supervisory writs, 21st Judicial District Court, Parish of Tangipahoa, No. 2202280.

BEFORE: McCLENDON, HESTER, AND MILLER, JJ.

WRIT GRANTED. A lawful detention for questioning does not the officer authority to conduct a pat -down automatically give for weapons. State v. Sims, 2002- 2208 ( La. 6/ 27/ 03), 851 So. 2d 1039, 1043 ( emphasis added). " If a police officer lawfully pats down a suspect' s outer clothing and feels an object whose contour or mass makes its identity immediately apparent, there has been no invasion of the suspect' s privacy beyond that already authorized by the officer' s search for weapons." See Minnesota v. Dickerson, 508 U. S. 366, 375- 76, 113 S. Ct. 2130, 2137, 124 L. Ed. 2d 334 ( 1993); State v. Temple, 2002- 1895 ( La. 9/ 9/ 03), 854 So. 2d 856. Even if the pat -down was justified, none of the evidence indicates that the item inside relator' s pocket was readily identifiable by its NNplain feel."

Accordingly, the district court' s ruling denying relator' s motion to suppress is reversed and this matter is remanded for further proceedings.

PMC CHH

Miller, J., dissents. Based upon the district court' s

finding that the probation officers were acting in good faith, I would deny the writ.

OURT OF APPEAL, FIRST CIRCUIT

PUTY CLERK OF COURT FOR THE COURT