Clerk of Court For the Court State Of Louisiana v. Calvin Smith

The Supreme Court of the State of Louisiana
Clerk of Court
For the Court
STATE OF LOUISIANA
VS.
CALVIN SMITH
No.2020-KK-00711
_ _ _ _ _ _
IN RE: Calvin Smith - Applicant Defendant; Applying For Writ Of Certiorari, Parish
of Orleans Criminal, Criminal District Court Number(s) 546-919, Court of Appeal,
Fourth Circuit, Number(s) 2020-K-0039;
_ _ _ _ _ _
October 20, 2020
Writ application granted. See per curiam.
JDH
BJJ
JLW
SJC
JTG
JHB
Crain, J., dissents.
Supreme Court of Louisiana
October 20, 2020
10/20/2020 "See News Release 040 for any Concurrences and/or Dissents."

1
10/20/20
S
UPREME COURT OF LOUISIANA
No
. 2020-KK-0711
STA
TE OF LOUISIANA
V.
CAL
VIN SMITH
O
N SUPERVISORY WRIT TO THE CRIMINAL
DISTRICT COURT FOR THE PARISH OF ORLEANS
PE
R CURIAM
Writ granted. The State bears the burden of proving the admissibility of
evidence seized without a warrant when the legality of a search or seizure is placed
at issue by a motion to suppress evidence. LSA -C.Cr.P. art. 703(D). Based on the
testimony of the officers and the bodycam footage admitted into evidence, the trial
court found the State’s claim of an inventory search to not be credible. The issue of
a protective sweep was apparently not raised in the trial court, but would
nevertheless not seem to be applicable where, as here, the defendant was in
handcuffs in a police car when the search was conducted. Furthermore, the offense
for which the defendant was initially stopped in this case was illegally tinted
windows, for which no evidence would likely be found in the vehicle.
Accordingly, the ruling of the court of appeal is reversed, the trial court’s
ruling, granting the defendant’s motion to suppress, is reinstated, and this matter is
remanded for further proceedings.
REVERSED AND REMANDED.