2020KW1206 Nonprecedential Writ granted Processed

State Of Louisiana v. Steven McCarthy

Louisiana Court of Appeal, First Circuit · Filed December 30, 2020

Authorities cited

Identified automatically; this list may not be exhaustive.

292 So. 3d 88 not in our corpus
296 So. 3d 1063 not in our corpus

Opinion text

STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT

STATE OF LOUISIANA NO. 2020 KW 1206

VERSUS

STEVEN RAY MCCARTHY DECEMBER 30, 2020

In Re: Steven Ray McCarthy, for
applying supervisory writs,
21st Judicial District Court, Parish of Livingston,
No. 38998.

BEFORE: GUIDRY, McCLENDON, AND LANIER, JJ.

WRIT GRANTED. The district 16, 2020
court' s
July ruling
denying relator' s motion to suppress is reversed. The state
failed to meet its burden of proof, which required the state to
present articulable facts to establish that relator' s
probation/ parole officer had reasonable suspicion to believe
that relator was engaged in or had been engaged in criminal

activity before she and other law enforcement agencies searched
his property. See La. Code Crim. P. 895( A)( 13);
art. La. R. S.
15: 574. 4. 2. See also State v. Cyre, 2019- 0034 ( La. 1st
App.
Cir. 12/ 19/ 19), 292 So. 3d 88, 97- 98, denied,
writ 2020- 00142
La. 5/ 26/ 20), 296 So. 3d 1063.

JMG
WIL

McClendon, J., dissents and would
deny the writ
application.

COURT OF APPEAL, FIRST CIRCUIT

4 DEPUTY
FOR
L RK OF COURT
THE COURT

p. 2