Summary
holding that the search of a “cigarette pack ... leading to the discovery of a crack-pipe, exceeded the permissible scope of the pat-down frisk sanctioned by” Terry
Summary of this case from T.G. v. State (In re T.G.)Opinion
No. 2000-K-1238
February 9, 2001.
IN RE: Lagarde, Robert M. Jr.; — Defendant; Applying for Writ of Certiorari and/or Review, Parish of Terrebonne, 32nd Judicial District Court Div. B, Nos. 310,174; to the Court of Appeal, First Circuit, No. 99 KA 1072
Granted with order. See Per Curiam.
JPV
PFC
CDK
BJJ
JCG
TRAYLOR, J., would deny the writ.
KNOLL, J., would deny the writ.
Granted. The rulings below on the motion to suppress are reversed, relator's conditional guilty plea under State v. Crosby, 338 So.2d 584 (La. 1976), is vacated, and this case is remanded to the district court for further proceedings. Even assuming that the police had reasonable suspicion to conduct an investigatory stop and to conduct a self-protective frisk for weapons, see United States v. Trullo, 809 F.2d 108, 113-14 (1st Cir. 1987), the search of the cigarette pack which the defendant had voluntarily removed from his pocket, leading to the discovery of a crack-pipe, exceeded the permissible scope of the pat-down frisk sanctioned by Terry v. Ohio, 392 U.S. 1, 88 S.Ct. 1868, 20 L.Ed.2d 889 (1968), and "amounted to the sort of evidentiary search that Terry expressly refused to authorize. . . ." Minnesota v. Dickerson, 508 U.S. 366, 378, 113 S.Ct. 2130, 2139, 124 L.Ed.2d 334 (1993). See State v. James, 99-3304 (La. 12/8/00), ___ So.2d ___; State v. Sheehan, 99-0725 (La. 7/2/99), 767 So.2d 1; State v. Thornton, 621 So.2d 173 (La.App. 4th Cir. 1993), writ denied, 93-2109 (La. 9/23/94), 642 So.2d 1307.
Traylor Knoll, J.J., would deny the writ.