Cited by
Opinions in Louisiana that cite State v. Temple, 854 So. 2d 856.
- State of Louisiana v. Damien J. Debose La. Ct. App. 4th Cir. 2024
- State Of Louisiana v. April Marie Ford La. Ct. App. 1st Cir. 2023
- State of Louisiana v. Malik K. Lawson La. Ct. App. 4th Cir. 2019
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State of Louisiana v. Kevin Dupart
La. Ct. App. 4th Cir. 2019
App. 4 Cir. 3/26/14), : In making a brief investigatory stop on less than probable cause to arrest, the police “‘must have a particularized and objective basis for suspecting the particular person stopped of criminal activity.’ ” State v. Temple, 02-1895, pp. 4-5 (La.9/9/03), -860.
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State v. Jackson
257 So. 3d 179
La. 2018
9/9/03), , 859 ; State v. Sims , 02-2208 (La.
- State v. Loicana 254 So. 3d 761 La. Ct. App. 1st Cir. 2018
- State v. McMasters 251 So. 3d 1139 La. Ct. App. 1st Cir. 2018
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State v. Barnes
203 So. 3d 1090
La. Ct. App. 1st Cir. 2016
9/9/03), -861 , However, a location’s characteristics and an individual’s nervous, evasive behavior are articulable facts upon which a police officer may legitimately rely in determining whether the circumstances are sufficiently suspicious to warrant further investigation and are, therefore, relevant in the determination
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State v. Lewis
187 So. 3d 24
La. Ct. App. 1st Cir. 2016
art. 215.1; State v. Temple, 02-1895 (La.9/9/03), ; see also Terry v. Ohio, 392 U.S. 1 , 88 S.Ct.
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State v. King
184 So. 3d 215
La. Ct. App. 1st Cir. 2015
See State v. Temple, 2002-1895, p. 4 (La.9/9/03), .
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State v. Moultrie
182 So. 3d 1017
La. Ct. App. 1st Cir. 2015
See State v. Temple, 02-1895 (La.9/9/03), -60 .
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State v. Boyles
157 So. 3d 1170
La. Ct. App. 1st Cir. 2015
See State v. Temple, 2002-1895 (La.9/9/03), .
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State v. Gayton
156 So. 3d 738
La. Ct. App. 1st Cir. 2014
See State v. Temple, 02-1895, p. 5 (La.9/9/03); .
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State ex rel. J.W.
157 So. 3d 759
La. Ct. App. 1st Cir. 2014
4 Cir. 5/28/14), (quoting State v. Temple, 02-1895, p. 4 (La.9/9/03), -60 ).
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State v. Greenberry
141 So. 3d 925
La. Ct. App. 1st Cir. 2014
It is clear that, in making a stop, a police officer “must have a particularized and objective basis for | ¡¡suspecting the particular person stopped of criminal activity.” State v. Temple, 02-1895, p. 4 (La.9/9/03), -60 (internal citations omitted).
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State v. Everett
156 So. 3d 705
La. Ct. App. 1st Cir. 2014
In making a brief investigatory stop on less than probable cause to arrest, the police “ ‘must have a particularized and objective basis for suspecting the particular person stopped of criminal activity.’ ” State v. Temple, 02-1895, pp. 4-5 (La.9/9/03), -860 .
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State v. McClendon
133 So. 3d 239
La. Ct. App. 1st Cir. 2014
See State v. Temple, 02-1895, p. 5 (La.9/9/03), .
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State v. Caliste
131 So. 3d 902
La. Ct. App. 1st Cir. 2013
1868 , 20 L.Ed.2d 889 (1968); State v. Temple, 02-1895 (La.9/9/03), .
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State v. Ulmer
116 So. 3d 1004
La. Ct. App. 1st Cir. 2013
State v. Temple, 02-1895 (La.9/9/08), ; see also Terry v. Ohio, 392 U.S. 1 , 88 S.Ct.
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State v. Cureaux
116 So. 3d 833
La. Ct. App. 1st Cir. 2013
State v. Temple, 2002-1895 (La.9/9/03), .
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State of Louisiana v. Ricky J. Charpentier
La. Ct. App. 3d Cir. 2012
State v. Temple, 02-1895, p. 4 (La.9/9/03), State v. Collins, 04-751, p. 3 (La.App.
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State v. Charpentier
86 So. 3d 86
La. Ct. App. 1st Cir. 2012
State v. Temple, 02-1895, p. 4 (La.9/9/03), ; State v. Collins, 04-751, p. 3 (La.App.
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State v. Walls
86 So. 3d 71
La. Ct. App. 2d Cir. 2012
State v. Temple, 2002-1895 (La.9/09/03), .
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State v. Simpson
77 So. 3d 445
La. Ct. App. 1st Cir. 2011
The second tier of contact, a Terry or investigatory stop, was discussed by the Louisiana Supreme Court in State v. Temple, 2002-1895 (La.9/9/03), : Although La.C.Cr.P.
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State v. Williams
74 So. 3d 1208
La. Ct. App. 1st Cir. 2011
art. 215.1; State v. Temple, 02-1895 (La.9/9/03), ; see also Terry, supra.
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State v. Fortune
72 So. 3d 1000
La. Ct. App. 2d Cir. 2011
State v. Temple, 2002-1895 (La.09/09/03), .
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State v. Marshall
70 So. 3d 1106
La. Ct. App. 2d Cir. 2011
State v. Temple, 2002-1895 (La.9/9/03), .
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State v. Sander
69 So. 3d 730
La. Ct. App. 1st Cir. 2011
State v. Temple, 02-1895, p. 5 (La.9/9/03), .
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State v. Thompson
58 So. 3d 994
La. Ct. App. 2d Cir. 2011
1758, 1763 , 80 L.Ed.2d 247 (1984)), reviewing courts “must look at the ‘totality of the circumstances’ of each ease,” a process which “allows officers to draw on their own experience and specialized training to make inferences from and deductions about the cumulative information available to them that ‘might well elude an untrained person.’ ” State v. Temple, 2002-1895 (La.9/9/03), (quoting United States v. Arvizu, 534 U.S. 266, 273 , 122 S.Ct.
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State v. Welch
59 So. 3d 441
La. Ct. App. 1st Cir. 2011
-860 , the Court set forth the standard for determining whether ah officer can lawfully detain a defendant: Although La.C.Cr.P.
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State v. Handy
52 So. 3d 1012
La. Ct. App. 1st Cir. 2010
“This level of suspicion, however, need not rise to the probable cause required for a lawful arrest.” State v. Temple, 02-1895, p. 4 (La.9/9/03), .
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State v. Patterson
38 So. 3d 1131
La. Ct. App. 1st Cir. 2010
art. 215.1; State v. Temple, 02-1895, pp. 4-5 (La.9/9/03), -60 .
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State v. McMillan
30 So. 3d 36
La. Ct. App. 1st Cir. 2009
See also State v. Temple, 02-1895 (La.9/9/03), (holding that reasonable suspicion for a stop was more than “looking nervous” and sitting on a porch in a “high crime area.”); State v. Fearheiley, 08-0307 (La.4/18/08), (holding that a police officer’s observation of a apparent brief hand-to-hand transaction inside a vehicle gave rise to reaso
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Distinguished
State of Louisiana v. Davy C. Harris
La. Ct. App. 3d Cir. 2009
9/9/03), the supreme court noted that citizens are presumed law abiding, even those in high crime areas.
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Distinguished
State v. Harris
21 So. 3d 437
La. Ct. App. 1st Cir. 2009
However, in State v. Temple, 02-1895 (La.9/9/03), , the supreme court noted that citizens are presumed law abiding, even those in high crime areas.
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State v. Thomas
8 So. 3d 646
La. Ct. App. 1st Cir. 2009
1758, 1763 , 80 L.Ed.2d 247 (1984)), reviewing courts “must look at the ‘totality of the circumstances’ of each case,” a process which “allows officers to draw on their own experience and specialized training to make inferences from and deductions about the cumulative information available to them that ‘might well elude an untrained person.’ ” State v. Temple, 02-1895, p. 5 (La.9/9/03), (quoting United States v. Arvizu, 534 U.S. 266, 273 , 122 S.Ct.
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State of Louisiana v. Marty Palmer
La. Ct. App. 3d Cir. 2008
9/9/03) ; Terry v. Ohio, 392 U.S. 1, 88 S. Ct. 1868, (1968); (La.
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State v. Palmer
1 So. 3d 689
La. Ct. App. 1st Cir. 2008
See State v. Temple, 02-1895 (La.9/9/03), ; Terry v. Ohio, 392 U.S. 1 , 88 S.Ct.
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State v. Lazard
2 So. 3d 492
La. Ct. App. 1st Cir. 2008
In State v. Temple, 02-1895, p. 5 (La.9/9/03), , the Court expounded on the analysis of the totality of the circumstances: In reviewing the totality of circumstances, the reputation of an area is an articulable fact upon which a police officer may legitimately rely and is therefore relevant in the determination of reasonable suspicion.
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State v. Walker
996 So. 2d 530
La. Ct. App. 5th Cir. 2008
State v. Temple, 02-1895, p. 4 (La.9/9/03), ; State v. Melancon, 03-514, p. 5 (La.App.
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State v. Ayche
978 So. 2d 1143
La. Ct. App. 5th Cir. 2008
Compare, State v. Temple, 02-1895 (La.9/9/03), (Court held that reasonable suspicion for a stop was more than "looking nervous" and sitting on a porch in a "high crime area.").
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State v. Boyer
967 So. 2d 458
La. 2007
1868, 1880 , 20 L.Ed.2d 889 (1968); State v. Temple, 02-1895, p. 4 (La.9/9/03), ; State v. Sims, 02-2208, pp. 4-5 (La.6/27/03), .
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State v. Hunter
949 So. 2d 649
La. Ct. App. 1st Cir. 2007
[by] actual restraint of the person.” In State v. Temple, 02-1895, p. 9 (La.9/9/03), , the supreme court explained that: [P]olice officers may make warrantless arrests if probable cause exists, that is, “when the facts and circumstances known to the arresting officer and of which he has reasonably trustworthy information are sufficient to justify a man of ordinary caution in believing that the pe
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State of Louisiana v. Eric L. Hunter
La. Ct. App. 3d Cir. 2007
9/9/03), the supreme court explained that: [P]olice officers may make warrantless arrests if probable cause exists, that is, “when the facts and circumstances known to the arresting officer and of which he has reasonably trustworthy information are sufficient to justify a man of ordinary cau
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State v. Kelly
946 So. 2d 222
La. Ct. App. 4th Cir. 2006
State v. Temple, XXXX-XXXX, p. 6 (La.9/9/03), ; State v. Hughes, 99-2554 (La.App.
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State v. Clay
930 So. 2d 1028
La. Ct. App. 5th Cir. 2006
State v. Temple, 02-1895, p. 4 (La.9/9/03), ; State v. Collins, 04-751, p. 3 (La.App.
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State v. Burciaga
924 So. 2d 1125
La. Ct. App. 5th Cir. 2006
State v. Temple, 02-1895, p. 4 (La.9/9/03), ; State v. Collins, 04-751, p. 3 (La.App.
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State v. Hollimon
900 So. 2d 999
La. Ct. App. 5th Cir. 2005
She reasoned that this case fell within State v. Temple, 02-1895 (La.9/9/03), , and found the officers lacked reasonable suspicion for an investigatory stop.
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State of Louisiana v. Danny Ray Sherman
La. Ct. App. 3d Cir. 2005
9/9/03), the supreme court stated: Although La.C.Cr.P.
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State v. Sherman
896 So. 2d 1194
La. Ct. App. 3d Cir. 2005
*1203 In State v. Temple, 02-1895, p. 4 (La.9/9/03), , the supreme court stated: Although La.C.Cr.P.