State Of Louisiana v. Kalipp Lindsey

STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT

STATE OF LOUISIANA NO. 2019 KW 0941

VERSUS

KALIPP LINDSEY
SEP 18 2019

In Re: State Of Louisiana, applying for supervisory writs,

21st Judicial District Court, Parish of Tangipahoa,
No. 1500764.

BEFORE: WHIPPLE, C. J., GUIDRY AND CRAIN, JJ.

WRIT GRANTED. The district court' s
ruling granting the

motion to suppress is reversed, and this matter is remanded for
further proceedings. An officer may, without a warrant, arrest

a person when the person to be arrested has committed an offense
in his or her presence. La. Code Crim. P. art. 213( A)( 1). The

determination of reasonable grounds for an investigatory stop,
or probable cause for an arrest, does not rest on the officer' s
subjective beliefs or attitudes but turns on a completely
objective evaluation of all of circumstances known to the

officer at the time of his challenged action. State v. Kalie,

96- 2650 ( La. 9/ 19/ 97), 699 So. 2d 879, 880 ( per curiam). Since
the officer had probable cause to arrest the defendant for
criminal trespass, any evidence discovered in plain view or

during a search incident to a lawful arrest was subject to
seizure and admissible at trial. See State v. Surtain, 2009-
1835 ( La. 3/ 16/ 10), 31 So. 3d 1037, 1047; State v. Ducre, 604
So. 2d 702, 707 ( La. App. lst Cir. 1992).

VGW

WJC

Guidry, J., would not consider the writ application. The
State' s request for an extension to the original return date was
filed untimely under Uniform Rules of Louisiana Courts of

Appeal, Rule 4- 3.

C URT OF APPEAL, FIRST CIRCUIT

vL

EfUtY CLERK OF COURT
FOR THE COURT