STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT STATE OF LOUISIANA NO. 2025 KW 0782 VERSUS DONALD C. PLAISANCE NOVEMBER 12, 2025 In Re: State of Louisiana, applying for rehearing 22nd Judicial District Court, Parish of St. Tammany, No. 4517-F-2024.

BEFORE : THERIOT, PENZATO, AND BALFOUR, JJ.

REQUEST FOR REHEARING DENIED.

MRT KEB Penzato, Jd., dissents and would grant the rehearing application. As recently noted by the Louisiana Supreme Court in State v. Jarquin, 25-00503 (La. 9/24/25), 418 So.3d 898, although the odor of marijuana alone does not provide the probable cause required to conduct a search without a warrant of a person’s place of residence, see La. Code Crim. P. art. 162.4, it is sufficient probable cause to support the issuance of the search warrant. See also State v. Reis, 2025-01099 (La. 10/16/25), Ss So.3d se, _ 2025 WL 2972284 (per curiam). Here, the search of the residence was conducted pursuant to a search warrant. Further, at the suppression hearing, the trial court had the opportunity to observe the witnesses and weigh the credibility of their testimony. See State v. Augustine, 2024-0420 (La. App. Ist Cir. 5/23/25), 417 So.3d 826, 838. After excising the inaccurate statements from the affidavit and testing the remaining statements, I find the affiant’s statement that Detective Alexander Thomas smelled the distinct odor of marijuana emanating from the interior of the residence provided sufficient probable cause to support issuance of the warrant. f/*COURT OF APPEAL, FIRST CIRCUIT UTY CLERK OF COURT /DEP (\ FOR THE COURT