State v. Madere

Supreme Court of Louisiana
State v. Madere, 400 So. 2d 665 (La. 1981)
1981 La. LEXIS 8398
Dennis, Lemmon, Watson

State v. Madere

Opinion of the Court

DENNIS, Justice.

This is an appeal by the state from a district court judgment declaring uncohsti-tutional La.R.S. 15:31 insofar as it subjects gambling devices to immediate confiscation and destruction even when they are not used for gambling. The judgment is reversed. A gambling device, as defined by La.R.S. 15:31(B), constitutes contraband. Accordingly, a statute requiring its confiscation and immediate destruction does not violate due process or property rights under either the state or federal constitution. Brown v. State, etc., 392 So.2d 415 (La. 1980).

REVERSED.

WATSON and LEMMON, JJ., dissent.

Reference

Full Case Name
STATE of Louisiana v. Joseph G. MADERE Joseph G. MADERE v. STATE of Louisiana
Cited By
1 case
Status
Published