50911 Precedential Processed

State v. McClure

Louisiana Supreme Court · Filed June 7, 1971 · 249 So. 2d 109

Cited by

State of Louisiana v. Derrick A. Dotson La. 2017
State of Louisiana v. Leon D. Fussell La. Ct. App. 3d Cir. 2006
State v. Fussell 941 So. 2d 109 La. Ct. App. 3d Cir. 2006
State v. Gunnells 619 So. 2d 192 La. Ct. App. 3d Cir. 1993
State v. Schlessinger 525 So. 2d 50 La. Ct. App. 1st Cir. 1988
State v. Comeaux 514 So. 2d 84 La. 1987
State v. Foster 437 So. 2d 309 La. Ct. App. 2d Cir. 1983
State v. Eastin 419 So. 2d 933 La. 1982
State v. Sonnier 379 So. 2d 1336 La. 1980
State v. Robinson 353 So. 2d 1001 La. 1977
State v. Calloway 343 So. 2d 694 La. 1976
State v. Skelton 340 So. 2d 256 La. 1976

Opinion text

TATE, J., concurs in the result. He does not agree with the statement in footnote 2 that the court cannot consider the evidence on the hearing on the motion to suppress and on the merits, properly identified by reference in the bills, and that the statements in the trial court’s per curiam must be accepted for this reason. However, the evidence so attached shows that the trial court’s construction of the evidence is correct, and so therefore is our conclusion. Likewise, if the search of the suitcase is illegal, it could not be harmless error. Harrington v. California, 395 U.S. 250 , 89 S.Ct. 1726 , 23 L.Ed.2d 284 (1969). Nevertheless, although the matter might be close, such search may be justified as incident to a lawful arrest based on the probable cause known to the West Monroe officers, who had radioed the Ruston police to stop the cab and its occupants. Cf. Whiteley v. Warden, Wyoming State Penitentiary, 401 U.S. 560 , 91 S.Ct. 1031, 1037 , 28 L. Ed.2d 306 (1971) (syllabus 8). He therefore concurs.