State Of Louisiana v. Edward D. Schertler, II

STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT

STATE OF LOUISIANA NO. 2025 KW 1286
VERSUS

EDWARD D. SCHERTLER, IL MARCH 9, 2026
In Re: State of Louisiana, applying for supervisory writs, 17th

Judicial District Court, Parish of Lafourche, Nos.
630731, 630732.

BEFORE : MILLER, EDWARDS, AND FIELDS, JJ.

WRIT GRANTED. The district court’s ruling granting
defendant’s motion to suppress is reversed and this matter is
remanded to the district court for further proceedings. Probable
cause sufficient to issue a search warrant exists when the facts
and circumstances within the affiant’s knowledge and of which he
has reasonably trustworthy information, are sufficient to support
a reasonable belief that an offense has been committed and that
evidence or contraband may be found at the place to be searched.
State v. Casey, 99-0023 (La. 1/26/00), 775 So.2d 1022, 1027-28,
cert. denied, 531 U.S. 840, 121 S.Ct. 104, 148 L.Ed.2d 62 (2000).
The process of determining probable cause for the issuance of a
warrant does not involve certainties or proof beyond a reasonable
doubt, or even a prima facie showing, but rather involves
probabilities of human behavior, as understood by persons trained
in law enforcement and as based on the totality of the
circumstances. State v. Lurding, 2021-0430 (La. App. ist Cir.
12/22/21), 340 So.3d 97, 101, writ denied, 2022-00147 (La.
3/15/22), 334 So.3d 392. In this case, based on the totality of
the circumstances, we find there was a “substantial basis” for
concluding probable cause existed. Illinois v. Gates, 462 U.S.
213, 103 S.Ct. 2317, 76 L.Ed.2d 527 (1983); State v. Green, 2002-
1022 (La. 12/4/02), 831 So.2d 962, 969. After the fact scrutiny by
courts of the sufficiency of an affidavit should not take the form
of de novo review. Gates, 462 U.S. at 236, 103 S.Ct. at 2331.
Accordingly, the district court erred in granting the motion to
suppress.

SMM
BDE

FOR THE COURT