Supreme Court of Louisiana, 1972

State v. Everitt

State v. Everitt
Supreme Court of Louisiana · Decided September 29, 1972 · Barham
263 La. 18; 266 So. 2d 716; 1972 La. LEXIS 5308

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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.