Supreme Court of Louisiana, 1986

State v. Commodore

State v. Commodore
Supreme Court of Louisiana · Decided February 28, 1986 · Dennis
483 So. 2d 1003; 1986 La. LEXIS 8124 (Southern Reporter, Second Series)

State v. Commodore

Opinion of the Court

DENNIS, Justice,

concurring.

I respectfully concur.

*1004I disagree with the majority s conclusion that an arrest had been effected prior to the search of the defendants’ vehicle. An arrest is effected when there are “circumstances indicating an intent to effect an extended restraint on the liberty of the accused.”

However, the majority correctly held that the search did not violate the Fourth Amendment to the U.S. Constitution because the automobile exception to the warrant requirement applies. Carroll v. United States, 267 U.S. 132, 158, 45 S.Ct. 280, 287, 69 L.Ed. 453 (1925); see also Chambers v. Maroney, 399 U.S. 42, 90 S.Ct. 1975, 26 L.Ed.2d 419 (1970).

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