State Of Louisiana v. Jay-Quan Carter

STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT
STATE OF LOUISIANA NO. 2020 KW 0504
VERSUS
JAY-QUAN CARTER SEPTEMBER 16, 2020

In Re: Jay-Quan Carter, applying for supervisory writs, 21st
Judicial District Court, Parish of Tangipahoa, No.
1701960.

BEFORE: McCLENDON, WELCH, AND HOLDRIDGE, JJ.

WRIT GRANTED. After thoroughly reviewing the video
recording of the minor traffic violation of crossing the yellow
line, it is clear that the officer extended the stop beyond the
time required to issue a citation for the minor traffic
violation to allow the canine unit to arrive in contravention of
the parameters set forth in Rodriquez v. United States, 575 U.S.
348, 350-351, 135 S.Ct. 1609, 1612, 191 L.Ed.2d 492 (2015) ("a
police stop exceeding the time needed to handle the matter for
which the stop was made violates the Constitution's shield
against unreasonable seizures. A seizure justified only by a
police-observed traffic violation, therefore, 'become [ s]
unlawful if it is prolonged beyond the time reasonably required
to complete th [e] mission' of issuing a ticket for the
violation.") . The video further contradicts key points in the
officer's testimony regarding the stop. Therefore, based on the
particular facts of this case, the ruling denying the motion to
suppress evidence is reversed, the motion is granted, and this
matter is remanded for further proceedings.

PMc
JEW
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COURT OF APPEAL, FIRST CIRCUIT

OF COURT
COURT