State Of Louisiana v. Jarrett A. Walker

STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT

STATE OF LOUISIANA NO. 2022 KW 0003

VERSUS

JARRETT A. WALKER FEBRUARY 25, 2022

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

18th Judicial District Court, Parish of West Baton
Rouge, Nos. 202200, 202201.

BEFORE: WHIPPLE, C. J., PENZATO AND HESTER, JJ.

WRIT GRANTED. The district court' s ruling granting the
defendant' s motion to suppress is reversed, and the matter is
remanded for further proceedings. If a vehicle is readily
mobile and probable cause exists to believe it contains

contraband, the Fourth Amendment permits the police to search

the vehicle. Pennsylvania v. Labron, 518 U. S. 938, 940, 11. 6
S. Ct. 2485, 2487, 135 L. Ed. 2d 1031 ( 1996) ( per curiam). In the
instant case, the evidence adduced at the suppression hearing
revealed that while being detained for a traffic violation, the
defendant reached into the center console of his vehicle,

retrieved a marijuana cigar, and handed the cigar to the
officer, which gave the officer probable cause to search the
vehicle for additional contraband. Accordingly, the state met

its burden of proving the warrantless search was justified under
an exception to the warrant requirement. See United States v.

Ross, 456 U. S. 798, 825, 102 S. Ct. 2157, 2173, 72 L. Ed. 2d 572
1982); Cf. State v. Landor, 2020- 0336 ( La. App. 1st Cir.
2/ 19/ 21), 318 So. 3d 225.

VGW
AHP

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

COURT OF APPEAL, FIRST CIRCUIT

ZR DEPUTYI( f'LERK OF COURT
FOR THE COURT