Supreme Court of Louisiana, 1998

State v. Leforte

Supreme Court of Louisiana · Decided October 7, 1998 · Appeal, Calogero, Grant, Johnson, Knoll, Remand

726 So. 2d 12; 1998 La. LEXIS 2922; 1998 WL 917815 (Southern Reporter, Second Series)

Dissenting Opinion

JOHNSON, J.,

would deny the writ being of the opinion that there was not reasonable suspicion for the investigatory stop.

Opinion of the Court

In re State of Louisiana; — Plaintiff(s);: applying for supervisory and/or remedial writs; Parish of Orleans, Criminal District Court, Div. “I”, No. 394-150; to the Court of Appeal, Fourth Circuit, No. 98KW-2249.

Stay order recalled. Writ granted. The judgment of the trial court suppressing the evidence is reversed. The motion to suppress is denied. California v. Hodari D., 499 U.S. 621, 111 S.Ct. 1547, 113 L.Ed.2d 690 (1991); State v. Tucker, 626 So.2d 707 (La. 1993). The case is remanded to the trial court for further proceedings.

CALOGERO, C.J., would grant and remand to the court of appeal. KNOLL, J., not on panel.

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