Supreme Court of Louisiana, 1989

State v. Thinh Tran

State v. Thinh Tran
Supreme Court of Louisiana · Decided September 11, 1989
547 So. 2d 1315; 1989 La. LEXIS 1972; 1989 WL 105996 (Southern Reporter, Second Series)

State v. Thinh Tran

Opinion of the Court

In re Thinh Tran, applying for supervisory and/or remedial writs, from the Criminal District, Parish of Orleans, Sec. F, No. 333-366, to the Fourth Circuit Court of Appeal No. 89KA-1606.

Granted in part; denied in part. Arrest was illegal because made without probable cause. Out-of-court photographic identification is suppressed as “fruit of the poisonous tree.” See State v. Landry, 414 So.2d 674 (La. 1982). Victims may make an in-court identification of defendant. United States v. Crews, 445 U.S. 463, 100 S.Ct. *13161244, 63 L.Ed.2d 537 (1980). Case remanded to the district court for further proceedings.

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