State Of Louisiana v. Donald Plaisance (1)

STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT

STATE OF LOUISIANA NO. 2025 KW 0782
VERSUS

DONALD C. PLAISANCE NOVEMBER 12, 2025
In Re: State of Louisiana, applying for rehearing 22nd Judicial

District Court, Parish of St. Tammany, No. 4517-F-2024.

BEFORE : THERIOT, PENZATO, AND BALFOUR, JJ.
REQUEST FOR REHEARING DENIED.

MRT
KEB

Penzato, Jd., dissents and would grant the rehearing
application. As recently noted by the Louisiana Supreme Court in
State v. Jarquin, 25-00503 (La. 9/24/25), 418 So.3d 898, although
the odor of marijuana alone does not provide the probable cause
required to conduct a search without a warrant of a person’s place
of residence, see La. Code Crim. P. art. 162.4, it is sufficient
probable cause to support the issuance of the search warrant. See
also State v. Reis, 2025-01099 (La. 10/16/25), Ss So.3d se, _ 2025
WL 2972284 (per curiam). Here, the search of the residence was
conducted pursuant to a search warrant. Further, at the
suppression hearing, the trial court had the opportunity to observe
the witnesses and weigh the credibility of their testimony. See
State v. Augustine, 2024-0420 (La. App. Ist Cir. 5/23/25), 417
So.3d 826, 838. After excising the inaccurate statements from the
affidavit and testing the remaining statements, I find the
affiant’s statement that Detective Alexander Thomas smelled the
distinct odor of marijuana emanating from the interior of the
residence provided sufficient probable cause to support issuance
of the warrant.

f/*COURT OF APPEAL, FIRST CIRCUIT

UTY CLERK OF COURT

/DEP
(\ FOR THE COURT