Opinion
No. K89-390.
May 10, 1989.
APPEAL FROM 28TH JUDICIAL DISTRICT COURT, PARISH OF LaSALLE, STATE OF LOUISIANA, HONORABLE JIMMIE C. PETERS, J.
Patrick L. Durusau, Jena, for applicant.
Dan B. Cornett, Dist. Atty., Jena, for respondent.
Before GUIDRY, FORET and LABORDE, JJ.
WRIT DENIED: There is no error in the trial court ruling. Defendant's failure to file, in limine, a motion to suppress unconstitutionally obtained evidence, absent a showing of surprise or lack of opportunity to file such a motion, operates as a waiver of any claimed violation of constitutional rights against searches and seizures, C.Cr.P. art. 703; State v. Rios, 528 So.2d 163 (La.App. 3 Cir. 1988), writ denied, 530 So.2d 83 (1988).