State v. Sealy
Supreme Court of Louisiana
State v. Sealy, 186 So. 3d 1149 (La. 2015)
2015 La. LEXIS 2291; 2015 WL 6511701
Crichton, Grant, Hughes, Reasons
State v. Sealy
Opinion of the Court
In re Elbert Sealy; — Defendant; Applying For Supervisory and/or Remedial Writs, Parish of'-E. Baton Rouge, 19th Judicial District Court Div. G, No. 03-13-0558; to the Court of'Appeal, First Circuit, No;20l5 KW 0586; ' . '
| denied;'
Dissenting Opinion
dissents.
|TI would grant the writ for the reasons assigned by Judge Higginbotham.
Dissenting Opinion
would grant and assigns reasons.
| ] Because of the constitutional concerns associated with sobriety checkpoints, law enforcement officers must demonstrate that the standard and guidelines set forth in State v. Jackson have been satisfied. In my view, the State failed to make that showing; therefore, I would grant the defendant’s writ application, reverse the lower courts and order the defendant’s motion to suppress granted.
Reference
- Full Case Name
- STATE of Louisiana v. Elbert SEALY
- Status
- Published