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COURT OF APPEAL, FIRST CIRCUIT STATE OF LOUISIANA NO. 2023 KW 0813

VERSUS

JEREMY D. COOPER OCTOBER 17, 2023

In Re: State of Louisiana, applying for supervisory writs, 20th Judicial District Court, Parish of East Feliciana, Nos. 23 - CR - 298/ 301/ 303/ 339.

BEFORE: McCLENDON, HESTER, AND MILLER, JJ.

WRIT GRANTED. At the time the defendant was stopped, he was suspected of being involved in the sale of illegal narcotics at his residence. Under the totality of the circumstances, the officers had reasonable suspicion to effect the investigatory Terry v. Ohio, 392 U. S. 1, 88 stop and to detain the defendant.

S. Ct. 1868, 20 L. Ed. 2d 889 ( 1968) ; State v. Kalie, 96- 2650 ( La. 9/ 19/ 97) , 699 So. 2d 879, 881 ( per curiam) . See also State v.

Bozeman, 2008- 1077 ( La. App. 1st Cir. 2/ 13/ 09), 6 So. 3d 899, writ denied, 2009- 0629 ( La. 11/ 25/ 09), 22 So. 3d 170.

Furthermore, even if a traffic violation has not been committed, an officer stop a vehicle for investigatory purposes if he may has a reasonable suspicion of criminal activity. See United States v. Zavala, 541 F. 3d 562, 574 ( 5th Cir. 2008) Moreover, the initial warrantless search of the vehicle was reasonable under the plain view exception to the search warrant. State v. Miguel, 2018- 0711 ( La. 1/ 30/ 19), 263 So. 3d 873, 874 ( per curiam). Accordingly, the district court' s ruling granting defendant' s motion to suppress is reversed and this matter is remanded for further proceedings.

PMC SMM

Hester, J., dissents and would deny the writ.

COURT OF APPEAL, FIRST CIRCUIT

DEPUTY CLERK OF COURT FOR THE COURT