2021KW0425 Nonprecedential Processed

State Of Louisiana v. Keith Morvant

Louisiana Court of Appeal, First Circuit · Filed May 26, 2021

Opinion text

STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT

STATE OF LOUISIANA NO. 2021 KW 0425

VERSUS

KEITH MORVANT MAY 26, 2021

In Re: Keith Morvant, applying for supervisory writs, 17th
Judicial District Court, Parish of Lafourche, No.
598, 021.

BEFORE: CHUTZ, PENZATO, AND LANIER, JJ.

WRIT GRANTED. " Any person adversely affected by a search

or seizure conducted in violation of this Section shall have

standing to raise its illegality in the appropriate court." La.

Const. art. I, § 5. Accordingly, the district court' s ruling on
the motion to suppress is vacated, and this matter is remanded

for a reopened hearing on the issue of the warrantless seizure

of the cell phone.

AHP

WIL

Chutz, J., dissents. While I agree with the majority' s
conclusion on the issue of standing, under the facts of this

case, the trial court did not abuse its discretion by denying
the motion to suppress.

COURT OF APPEAL, FIRST CIRCUIT

TY CLE OF COURT
FOR TH COURT