Summary
In Guidry, the Louisiana Supreme Court found that technical violations or errors in search warrants did not automatically vitiate the constitutionality of the seized evidence.
Summary of this case from State v. JulienOpinion
No. 03-KK-1944.
November 21, 2003.
IN RE: State of Louisiana; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Jefferson, 24th Judicial District Court Div. M, Nos. 02-6334, 02-6335; to the Court of Appeal, Fifth Circuit, No. 03-K-625.
ON WRIT OF CERTIORARI TO THE FIFTH CIRCUIT COURT OF APPEAL.
Granted and remanded to court of appeal. See per curiam.
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Granted. This case is remanded to the court of appeal for reconsideration and written treatment in light of United States v. Leon, 468 U.S. 897, 104 S.Ct. 3405, 82 L.Ed.2d 677 (1984). See United States v. Richardson, 943 F.2d 547, 550 (5th Cir. 1991); United States v. Turner, 926 F.2d 883, 886 (9th Cir. 1991); United States v. Rome, 809 F.2d 665, 669-70 (10th Cir. 1987). See also State v. Matthieu, 506 So.2d 1209, 1212 (La. 1987) ("`La.C.Cr.P. Art. 703 permits suppression only of evidence obtained "by an unconstitutional search or seizure." It was not intended to permit suppression of evidence seized by a warrant `illegal' merely because technically contrary to law, unless the seizure is violative of fundamental due process concepts.'") (quotingState v. Bienvenu, 260 La. 1023, n. 1, 258 So.2d 72, 74 (1972)).