Cited by

Opinions in Louisiana that cite State v. Church, 538 So. 2d 993.

53 citing documents.

Rodney Crayton v. Sewerage & Water Board of New Orleans La. Ct. App. 4th Cir. 2024
Razor v. New Orleans Depatment of Police 926 So. 2d 1 La. Ct. App. 1st Cir. 2006
State v. Knowles 917 So. 2d 1262 La. Ct. App. 2d Cir. 2005
The court held such checkpoints, employed under certain guidelines, did not violate the Fourth Amendment prohibition against unreasonable seizures, (La.
State v. Pulliam 920 So. 2d 900 La. Ct. App. 3d Cir. 2005
State of Louisiana v. David James Pulliam La. Ct. App. 3d Cir. 2005
State v. Alsay 847 So. 2d 144 La. Ct. App. 2d Cir. 2003
for finding sobriety checkpoints unreasonable under the state constitution.
Garrett v. City of Bossier City 792 So. 2d 24 La. Ct. App. 2d Cir. 2001
(La.1989), citing Boyd v. United States, 116 U.S. 616, 635 , 6 S.Ct.
State v. Bacuetes 772 So. 2d 813 La. Ct. App. 1st Cir. 2000
The Louisiana Constitution, however, affords a higher standard of individual liberty than the Fourth Amendment of the United States Constitution because Article 1, Section 5 of the Louisiana Constitution protects citizens against an “invasion of privacy.”
State v. Watson 774 So. 2d 232 La. Ct. App. 4th Cir. 2000
State v. Jackson 764 So. 2d 64 La. 2000
After reviewing the issue, we conclude that Article I, § 5 of the Louisiana Constitution does not prohibit use of checkpoints to "seize"
State v. Bullock 766 So. 2d 585 La. Ct. App. 4th Cir. 2000
and other cases invalidating sobriety checkpoints, the defendant attacks his initial stop based on the alleged unconstitutionality of the insurance checkpoint set up by the officers in the instant case.
State v. Jackson 762 So. 2d 253 La. Ct. App. 5th Cir. 2000
State v. Davenport 801 So. 2d 380 La. Ct. App. 2d Cir. 1999
State v. Shaw 736 So. 2d 951 La. Ct. App. 2d Cir. 1999
1868 , 20 L.Ed.2d 889 (1968)
State v. Taylor 714 So. 2d 143 La. Ct. App. 2d Cir. 1998
State v. Vikesdal 688 So. 2d 685 La. Ct. App. 2d Cir. 1997
1391 , 59 L.Ed.2d 660 (1979)
State v. Barrett 683 So. 2d 331 La. Ct. App. 1st Cir. 1996
State v. Green 683 So. 2d 1292 La. Ct. App. 3d Cir. 1996
2041 , 36 L.Ed.2d 854 (1973); State v. *1298 Raheem
State v. Cain 670 So. 2d 515 La. Ct. App. 4th Cir. 1996
State v. Moses 655 So. 2d 779 La. Ct. App. 4th Cir. 1995
State v. Matthews 654 So. 2d 868 La. Ct. App. 4th Cir. 1995
Reese v. City of Baton Rouge 644 So. 2d 674 La. Ct. App. 1st Cir. 1994
State v. Thomas 638 So. 2d 440 La. Ct. App. 1st Cir. 1994
The Louisiana Constitution affords a higher standard of individual liberty than the Fourth Amendment to the United States Constitution, because Article 1, Section 5 of the Louisiana Constitution also protects against “invasion of privacy.”
George v. Department of Fire 637 So. 2d 1097 La. Ct. App. 4th Cir. 1994
State v. Daniels 631 So. 2d 1281 La. Ct. App. 4th Cir. 1994
Distinguished State v. McHugh 630 So. 2d 1259 La. 1994
F. The suspicionless stop for a
State v. Hamilton 630 So. 2d 315 La. Ct. App. 1st Cir. 1993
However, Article 1, Section 5 of the Louisiana Constitution also protects against “invasion of privacy.” Louisiana gives a “higher standard of individual liberty than that allowed by the jurisprudence interpreting the federal constitution.”
State v. Tucker 626 So. 2d 707 La. 1993
(roadblock which may meet federal constitutional standards nonetheless unconstitutional under La.
State v. Smith 614 So. 2d 778 La. Ct. App. 2d Cir. 1993
Phelps v. LOUISIANA STATE RACING COM'N 611 So. 2d 739 La. Ct. App. 4th Cir. 1992
The subject of random testing by a
State v. Perry 610 So. 2d 746 La. 1992
We have, for instance, held that the Louisiana Constitution provides greater protection of individual rights than does the federal constitution with respect to state rights phrased identically to federal counterparts, state rights phrased more specifically or broadly than the corresponding federal rights, e.g., Sibley v. Board of Sup'rs of La.
State v. Pierre 606 So. 2d 816 La. Ct. App. 3d Cir. 1992
1982), in support of his contention.
State v. Tucker 604 So. 2d 600 La. Ct. App. 2d Cir. 1992
State v. Raiford 600 So. 2d 924 La. Ct. App. 4th Cir. 1992
Banks v. Dept. of Public Safety & Corr. 598 So. 2d 515 La. Ct. App. 1st Cir. 1992
State v. McHugh 598 So. 2d 1171 La. Ct. App. 1st Cir. 1992
Defendant characterizes the stop as being a "checkpoint" stop and, thus, which held that DWI checkpoint stops are illegal under the Louisiana Constitution.
State v. Williams 592 So. 2d 1286 La. 1992
See, State v. Hernandez, supra
State v. Barnes 592 So. 2d 1352 La. Ct. App. 5th Cir. 1991
In support of this contention, cases which involved DWI roadblocks.
In Interest of JM 590 So. 2d 565 La. 1991
1868 , 20 L.Ed.2d 889 (1968)
State v. Landry 588 So. 2d 345 La. 1991
"It represents a conscious choice by the citizens of Louisiana to give a `higher standard of individual liberty than that afforded by the jurisprudence interpreting the federal constitution.'"
State v. Patterson 588 So. 2d 392 La. Ct. App. 4th Cir. 1991
Instead, It represents a conscious choice by the citizens of Louisiana to give a "higher standard of individual liberty than that afforded by the jurisprudence interpreting the federal constitution."
Holthus v. LOUISIANA STATE RACING COM'N 580 So. 2d 469 La. Ct. App. 4th Cir. 1991
However, that drivers of automobiles could not be subjected to random tests for drugs or alcohol.
State v. Fowler 575 So. 2d 529 La. Ct. App. 1st Cir. 1991
State v. Vanderlinder 575 So. 2d 521 La. Ct. App. 5th Cir. 1991
Moresi v. State, Dept. of Wildlife & Fisheries 567 So. 2d 1081 La. 1990
(1989); But insofar as we can determine the game agents' conduct did not infringe on any such higher standard that had been clearly recognized as of January 11, 1986.
State v. Broussard 560 So. 2d 694 La. Ct. App. 3d Cir. 1990
2041 , 36 L.Ed.2d 854 (1973)
State v. Tolliver 556 So. 2d 166 La. Ct. App. 5th Cir. 1990
State v. Landry 557 So. 2d 331 La. Ct. App. 1st Cir. 1990
1684 , 6 L.Ed.2d 1081 (1961)
State v. Jackson 548 So. 2d 945 La. Ct. App. 1st Cir. 1989
State v. Davis 547 So. 2d 1367 La. Ct. App. 5th Cir. 1989