Cited by
Opinions in Louisiana that cite State v. Rodrigue, 437 So. 2d 830.
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State of Louisiana v. Erick Garrison
La. Ct. App. 4th Cir. 2025
Cunningham, 11- 0886, p. 7, 88 So.3d at 1201 (-33 (La.
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State of Louisiana v. Derrick Jawond Cheley
La. Ct. App. 3d Cir. 2024
–33 (La.1983) (footnote omitted).
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State of Louisiana Versus Billy Lampton
La. Ct. App. 5th Cir. 2024
Thus, “[t]he magistrate’s determination of probable cause, prior to the issuance of a search warrant, is entitled to significant deference by the reviewing court and marginal cases should be resolved in favor of finding the magistrate’s assessment to be reasonable.” Green, 831 So.2d at 969 (quoting 9 (La.
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State of Louisiana Versus Antonio Dante Key
La. Ct. App. 5th Cir. 2023
The magistrate’s determination of probable cause to issue a search warrant is entitled to significant 23-KA-167 21 deference on review, and “marginal cases should be resolved in favor of a finding that the issuing magistrate's judgment was reasonable.” (La.
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State of Louisiana v. Jeffery Turner
La. Ct. App. 4th Cir. 2023
Cunningham, 11-0886, p. 7, 88 So.3d at 1201 (-33 (La.
- State of Louisiana v. Roosevelt Randolph La. Ct. App. 4th Cir. 2023
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State of Louisiana Versus Eric James
La. Ct. App. 5th Cir. 2023
“The process [of determining probable cause] simply requires that enough information be presented to the issuing magistrate to enable him to determine that the charges are not capricious and are sufficiently supported to justify bringing into play the further steps of the criminal justice system.” (La.
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State of Louisiana Versus Carlshane Dennis
La. Ct. App. 5th Cir. 2021
“The process [of determining probable cause] simply requires that enough information be presented to the issuing magistrate to enable him to determine that the charges are not capricious and are sufficiently supported to justify bringing into play the further steps of the criminal justice system.” (La.
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State of Louisiana v. Brandon Lang
La. Ct. App. 4th Cir. 2019
Cunningham, 2011-0886, p. 7, 88 So.3d at 1201 (-33 (La.
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State v. Every
274 So. 3d 770
La. Ct. App. 1st Cir. 2019
State v. Rodrigue , , 833 (La.
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State v. Murray
242 So. 3d 821
La. Ct. App. 1st Cir. 2018
State v. Rodrigue , , 833 (La.
- State of Louisiana v. Steve Duane Williams -Aka- Ayaz Sutaria La. Ct. App. 3d Cir. 2016
- State v. Williams 201 So. 3d 379 La. Ct. App. 1st Cir. 2016
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State v. Mitchell
182 So. 3d 365
La. Ct. App. 1st Cir. 2015
justice system.” (citing Jaben v. United States, 381 U.S. 214 , 85 S.Ct.
- State v. Gaubert 167 So. 3d 110 La. Ct. App. 5th Cir. 2014
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State v. Powell
151 So. 3d 890
La. Ct. App. 1st Cir. 2014
“The magistrate’s .determination of probable cause, prior to issuance of a search warrant, is entitled to significant deference by the reviewing court and marginal cases should be resolved in favor of finding the magistrate’s assessment to be reasonable.” Green , 02-1022, p. 8, 831 So.2d at 969 ().
- State v. Young 140 So. 3d 136 La. Ct. App. 1st Cir. 2014
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State v. Aston
125 So. 3d 1148
La. Ct. App. 1st Cir. 2013
The magistrate’s determination of probable cause to issue a search warrant is entitled to significant deference on review, and “marginal cases should be resolved in favor of a finding that the issuing magistrate’s judgment was reasonable.”
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State v. Clement
101 So. 3d 460
La. Ct. App. 1st Cir. 2012
112The magistrate’s determination of probable cause to issue a search warrant is entitled to significant deference on review, and “marginal cases should be resolved in favor of a finding that the issuing magistrate’s judgment was reasonable.”
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State v. Collins
90 So. 3d 393
La. 2012
Given the preference for searches conducted under the authority of a warrant, “marginal cases should be resolved in favor of a finding that the issuing magistrate’s judgment was reasonable.” (citing United States v. Ventresca, 380 U.S. 102, 109 , 85 S.Ct.
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State v. Banks
95 So. 3d 508
La. Ct. App. 1st Cir. 2012
“Marginal cases should be resolved in favor of a finding that the issuing magistrate’s judgment was reasonable.”
- State of Louisiana v. Jamey L. Everett La. Ct. App. 3d Cir. 2012
- State v. Everett 89 So. 3d 463 La. Ct. App. 1st Cir. 2012
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State v. Cunningham
88 So. 3d 1196
La. Ct. App. 1st Cir. 2012
The affidavit also must set forth sufficient information to enable a magistrate “to determine that the charges are not capricious and are sufficiently supported to justify bringing into play the further steps of the criminal justice system.” Foumette, | -¿supra.
- State v. Friday 73 So. 3d 913 La. Ct. App. 1st Cir. 2011
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State v. Hill
64 So. 3d 801
La. Ct. App. 2d Cir. 2011
854 , 43 L.Ed.2d 54 (1975)
- State v. Payne 59 So. 3d 1287 La. Ct. App. 1st Cir. 2011
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State v. Williams
53 So. 3d 669
La. Ct. App. 1st Cir. 2010
The affidavit must give the magistrate sufficient information “to enable him to determine that the charges are not capricious and are sufficiently supported to justify bringing into play the further steps of the criminal justice system.” see also, Green, supra; Rando, supra.
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State of Louisiana v. George Earl White, Jr.
La. Ct. App. 3d Cir. 2010
854, 43 L.Ed.2d 54 (1975)
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State v. Brown
32 So. 3d 939
La. Ct. App. 1st Cir. 2010
Moreover, this Court previously held: “[t]he process [of determining probable cause] simply requires that enough information be presented to the issuing magistrate to enable him to determine that the charges are not capricious and are sufficiently supported to justify bringing into play the further steps of the criminal justice system.” (citing Jaben v. United States, 381 U.S. 214 , 85 S.Ct.
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State v. Johnson
994 So. 2d 595
La. Ct. App. 1st Cir. 2008
“[M]arginal cases should be resolved in favor of a finding that the *599 issuing magistrate’s judgment was reasonable.”
- State v. Fournette 989 So. 2d 199 La. Ct. App. 4th Cir. 2008
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State v. Shumaker
945 So. 2d 277
La. Ct. App. 2d Cir. 2006
State v. Johnson, 27,522 (La.App.2d Cir.12/06/95)
- State v. Robinson 871 So. 2d 575 La. Ct. App. 5th Cir. 2004
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State of Louisiana v. James R. Skipper
La. Ct. App. 3d Cir. 2003
(citing Jaben v. United States, 381 U.S. 214, 85 S.Ct.
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State v. Skipper
861 So. 2d 796
La. Ct. App. 1st Cir. 2003
Moreover, this Court previously held: “[t]he process [of determining probable cause] simply requires that enough information be presented to the issuing magistrate to enable him to determine that the charges are not capricious .and are sufficiently supported to justify bringing into play the further steps of the criminal justice system.” (citing Jaben v. United States, 381 U.S. 214 , 85 S.Ct.
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State v. McLeod
843 So. 2d 1268
La. Ct. App. 3d Cir. 2003
Accordingly, in [ State v. ] Rodrigue, [ (La.
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State v. Rando
848 So. 2d 19
La. Ct. App. 1st Cir. 2003
Moreover, this Court previously held: “[t]he process [of determining probable cause] simply requires that enough information be presented to the issuing magistrate to enable him to determine that the charges are not capricious and are sufficiently supported to justify bringing into play the further steps of the criminal justice system.” (citing Jaben v. United States, 381 U.S. 214 , 85 S.Ct.
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State v. Green
831 So. 2d 962
La. 2002
(citing Jaben v. United *969 States, 381 U.S. 214 , 85 S.Ct.
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State v. Jones
822 So. 2d 205
La. Ct. App. 1st Cir. 2002
854 , 43 L.Ed.2d 54 (1975)
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State v. Sears
823 So. 2d 420
La. Ct. App. 1st Cir. 2002
854 , 43 L.Ed.2d 54 (1975)
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State v. Horton
820 So. 2d 556
La. 2002
(citing Jaben v. United States, 381 U.S. 214 , 85 S.Ct.
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State v. Julian
785 So. 2d 872
La. Ct. App. 1st Cir. 2001
854 , 43 L.Ed.2d 54 (1975)
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State v. Washington
778 So. 2d 1252
La. Ct. App. 1st Cir. 2001
854 , 43 L.Ed.2d 54 (1975)
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Gibson v. State
758 So. 2d 782
La. 2000
854 , 43 L.Ed.2d 54 (1975)
- State v. Hundley 760 So. 2d 417 La. Ct. App. 3d Cir. 2000
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State v. James
755 So. 2d 995
La. Ct. App. 4th Cir. 2000
854 , 43 L.Ed.2d 54 (1975)
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State v. Casey
775 So. 2d 1022
La. 2000
Williams, 448 So.2d at 663 ().
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State v. Young
751 So. 2d 364
La. Ct. App. 1st Cir. 2000
State v. Bailey, *367 97-302 (La.App.
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State v. Green
750 So. 2d 343
La. Ct. App. 4th Cir. 1999
854 , 43 L.Ed.2d 54 (1975)