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;'

*1150HUGHES, J., would grant and assigns reasons. CRICHTON, J., would grant and assigns reasons.

Dissenting Opinion

HUGHES, J.,

dissents.

|TI would grant the writ for the reasons assigned by Judge Higginbotham.

Dissenting Opinion

CRICHTON, J.,

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