2000-KH-1186 Precedential Processed

STATE EX REL. JONES v. State

Louisiana Supreme Court · Filed September 21, 2001 · 797 So. 2d 58

Also decided on this docket: La., September 21, 2001 797 So. 2d 58

Cited by

Distinguished in 1

State v. Hart 66 So. 3d 44 La. Ct. App. 1st Cir. 2011
State v. Enclade 858 So. 2d 8 La. Ct. App. 5th Cir. 2003
State v. Williams 846 So. 2d 22 La. Ct. App. 5th Cir. 2003
State v. Santee 834 So. 2d 533 La. Ct. App. 4th Cir. 2002
State v. Milton 833 So. 2d 411 La. Ct. App. 5th Cir. 2002
State v. London 815 So. 2d 162 La. Ct. App. 5th Cir. 2002

Authorities cited

Identified automatically; this list may not be exhaustive.

State v. Killian 677 So. 2d 487
State v. Wimberly 588 So. 2d 1343

Opinion text

797 So.2d 58 (2001) STATE ex rel. Larry JONES v. STATE of Louisiana. No. 2000-KH-1186. Supreme Court of Louisiana. September 21, 2001. Denied. CALOGERO, C.J., would grant the writ and dissents from the denial of the writ application. I would grant in part and order the district court to appoint counsel and hold a hearing at which it will determine whether the police had a reasonable basis for believing that relator would destroy the evidence when the police undertook their warrantless entry of relator's motel room, or if, on the other hand, they lacked that reasonable basis and so lacked the required exigent circumstances to excuse the warrant requirement under the Fourth Amendment and La. Const. art. I, Section 5. See State v. Killian, 95-826, p. 5 (La.App. 3 Cir. 5/8/96), 677 So.2d 487, 491 ; State v. Wimberly, 588 So.2d 1343, 1347 (La.App. 2nd Cir.1991). KIMBALL, J., would grant the writ. JOHNSON, J., would grant the writ.