State Of Louisiana v. Eric James

Supreme Court of Louisiana
December 05, 2023
Chief Deputy Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
STATE OF LOUISIANA
VS.
ERIC JAMES
No. 2023-KK-00853
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I
N RE: State of Louisiana - Applicant Plaintiff; Applying For Writ Of Certiorari,
Parish of Jefferson, 24th Judicial District Court Number(s) 22- 3831, Court of
Appeal, Fifth Circuit, Number(s) 23-K-186;
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December 05, 2023
Writ application granted. See per curiam.
Hughes, J., dissents for reasons assigned by the court of appeal.
Genovese, J., dissents for reasons assigned by the court of appeal.
Griffin, J., dissents for reasons assigned by the court of appeal.
JLW
SJC
WJC
JBM
12/05/2023 "See News Release 052 for any Concurrences and/or Dissents."

SUPREME COURT OF LOUISIANA
No. 2023-KK-00853
STATE OF LOUISIANA
VS.
ERIC JAMES
On Writ of Certiorari to the Court of Appeal, Fifth Circuit, Parish of Jefferson
PER CURIAM:
Writ granted. Defendant filed a motion to suppress evidence obtained
pursuant to a search warrant issued for his residence . The trial court denied the
motion after a hearing. The court of appeal reversed and ordered the evidence
suppressed. State v. James, 23-0186 (La. App. 5 Cir. 6/1/23) (unpub’d, available at
2023 WL 3745586). The court of appeal found that the affidavit accompanying the
application for the search warrant lacked probable cause and further, that the good
faith exception in United States v. Leon, 468 U.S. 897, 104 S.Ct. 3405, 82 L.Ed.2d
677 (1984), did not apply because the affidavit was so lacking in indicia of probable
cause as to render official belief in its existence unreasonable.
The court of appeal erred in finding that the good faith exception in Leon did
not apply. The affidavit accompanying the search warrant application explained the
history of the investigation, including the fact that, eight months prior, defendant had
informed officers that he lived at the Jasper Street residence, and that an arrest
warrant had issued at that time for defendant in conjunction with items found in his
bedroom. A fair reading of the search warrant implies an ongoing and continuing
drug operation being run out of the Jasper Street residence and a connection between
defendant and the residence. The affidavit is not so lacking in indicia of probable
cause so as to render official belief in its existence unreasonable. As such, the
12/05/23

warrant falls within the scope of the good faith exception set forth in Leon.
Accordingly, the court of appeal’s ruling is reversed, the trial court’s ruling denying
defendant’s motion to suppress is reinstated, and the matter is remanded to the trial
court for further proceedings consistent with this opinion.
REVERSED AND REMANDED