STATE OF LOUISIANA NO. 2023 KW 1024 VERSUS

MARSHAWN MCCRADY MARCH 14, 2024

In Re: Marshawn McCrady, applying for supervisory writs, 18th Judicial District Court, Parish of Pointe Coupee, No. CR - 85071- F.

BEFORE: WELCH, WOLFE, AND STROMBERG JJ.

WRIT DENIED.

W Welch, J. dissents and would grant the writ application.

The evidence adduced the failed at suppression hearing to establish that relator violated La. R. S. 32: 71. There was no showing that relator impeded traffic traveling behind him in the left lane, that he was traveling at a speed slower than any vehicles in the right lane, or that he less was traveling at than the normal speed of the traffic at that time. See La. R. S.

32: 71( B). Therefore, the officer' s decision to relator' s stop vehicle was not reasonable under the Cf. circumstances. Whren v. United States, 517 U. S. 806, 810, 116 S. Ct. 1769, 1772, 135 L. Ed. 2d 89 ( 1996). Pursuant to La. R. S. 32: 71, vehicle any could be stopped that is proceeding in the left- hand lane on a four lane highway based upon a police officer' s subjective determination that the vehicle had remained in the left- hand lane " too long." I believe this interpretation gives police carte blanche" discretion to in stop any vehicle driving the left- hand lane of a four lane highway and is constitutionally wrong.

RT OF APPEAL, FIRST CIRCUIT

PUTY CLERK OF COURT FOR THE COURT