State Of Louisiana v. Zachary Keven Thomas

STATE OF LOUISIANA NO. 2024 KW 1180

VERSUS

ZACHARY KEYEN THOMAS DECEMBER 30, 2024

In Re: Zachary Keyen Thomas, applying for supervisory writs,
32nd Judicial District Court, Parish of Terrebonne, No.
858376.

BEFORE: McCLENDON, WELCH, AND LANIER, JJ.

WRIT DENIED.

Pmc
WIL

Welch J., dissents and would grant the writ application. The
Fourth Amendment to the United States Constitution and La. Const.
art. 5 requires more than plain smell of marijuana by a police
I, §

officer driving in a vehicle with his windows down on May 29, 2023
at 2: 00 a. m. Furthermore, this case is distinguishable from State
v. Barnett, 2024- 69 ( La. App. 5th Cir. 10/ 30/ 24), 2024 WL 4613047,
7( finding that " based on the plain smell of marijuana, the

detectives had sufficient grounds to search defendant' s
residence." Noting that "[ a] t the time of defendant' s arrest [ in
August of 2018], the plain -smell exception was an extension of the
plain -view exception)", where the
lawfully detectives were

positioned on defendant' s porch while conducting a knock and talk
and smelled the odor of marijuana emanating from defendant' s home.

RT OF APPEAL, FIRST CIRCUIT

EPUTY CLERK OF COURT
FOR THE COURT