State Of Louisiana v. Marshawn McCrady

STATE OF LOUISIANA NO. 2023 KW 1024

VERSUS

MARSHAWN MCCRADY MARCH 14, 2024

In Re: Marshawn McCrady, applying for supervisory writs, 18th
Judicial District Court, Parish of Pointe Coupee, No.
CR - 85071- F.

BEFORE: WELCH, WOLFE, AND STROMBERG JJ.

WRIT DENIED.

W
Welch, J. dissents and would grant the writ application.

The evidence adduced the failed
at suppression hearing to
establish that relator violated La. R. S. 32: 71. There was no

showing that relator impeded traffic traveling behind him in the
left lane, that he was
traveling at a speed slower than any
vehicles in the right lane, or that he less
was
traveling at

than the normal speed of the traffic at that time. See La. R. S.
32: 71( B). Therefore, the officer' s decision to relator' s
stop
vehicle was not reasonable under the Cf.
circumstances. Whren
v. United States, 517 U. S. 806, 810, 116 S. Ct. 1769, 1772, 135
L. Ed. 2d 89 ( 1996). Pursuant to La. R. S. 32: 71, vehicle
any
could be stopped that is proceeding in the left- hand lane on a
four lane highway based upon a police officer' s subjective
determination that the vehicle had remained in the left- hand
lane " too long." I believe this interpretation gives police
carte blanche" discretion to in
stop any vehicle driving the
left- hand lane of a four lane highway and is constitutionally
wrong.

RT OF APPEAL, FIRST CIRCUIT

13

PUTY CLERK OF COURT
FOR THE COURT