Supreme Court of Louisiana, 2017

State v. McClellan

State v. McClellan
Supreme Court of Louisiana · Decided January 13, 2017 · Deny, Genovese, Johnson
206 So. 3d 873; 2017 La. LEXIS 76 (Southern Reporter, Third Series)

State v. McClellan

Opinion of the Court

PER CURIAM

11 Writ Granted. The ruling of the district court suppressing statements made by the defendant and seized evidence is reversed. The district court erred in ruling that, during the routine vehicular investí-*874gatory stop, the defendant was under custodial interrogation. Further, the district court erred in ruling that the search of the vehicle—that the defendant consented to— was a violation of the defendant’s Fourth Amendment rights. The matter is remanded to the district court for further proceedings consistent with this order.

JOHNSON, C.J. deny. GENOVESE, J., would deny.

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