State v. Everitt

Supreme Court of Louisiana
State v. Everitt, 263 La. 18 (La. 1972)
266 So. 2d 716; 1972 La. LEXIS 5308
Barham

State v. Everitt

Opinion of the Court

Writ denied; we find no abuse of the trial court’s discretion.

BARHAM, J.,

is of the opinion the writ should be granted. The revocation of probation was based solely upon the evidence secured in an admittedly unconstitutional search and seizure. Relator was not allowed to offer evidence of abuse and harassment by police and probation officers preceding this unconstitutional search. I would apply the exclusionary rule to this probation revocation. I believe the harassment evidence was admissible for that determination.

Reference

Full Case Name
STATE of Louisiana v. Robert Samuel EVERITT, Jr.
Status
Published