State of Louisiana v. Zachariah Lastrapes

STATE OF LOUISIANA
COURT OF APPEAL, THIRD CIRCUIT
P.O. Box 16577
Lake Charles LA 70616
(337) 433-9403

NOT DESIGNATED FOR PUBLICATION
Harold D. Register, III
Attorney at Law
216 Rue Louis XIV
Lafayette LA 70508

REHEARING ACTION: May 11, 2016

Docket Number: 15 00865-KW

STATE OF LOUISIANA
VERSUS
ZACHARIAH LASTRAPES

Writ Application from Lafayette Parish Case No. CR 150955

BEFORE JUDGES:

Hon. Sylvia R. Cooks
Hon. Billy Howard Ezell
Hon. John E. Conery

As counsel of record in the captioned case, you are hereby notified that the ruling for

the application for rehearing filed by Zachariah Lastrapes is:

REHEARING GRANTED: Rehearing in this matter is granted for the limited
purpose of deleting from the original ruling: “Pretextual stops are not
prohibited. Whren v. U.S., 517 U.S. 806, 116 S.Ct. 1769 (1996); State v.
Sherman, 05-779 (La. 4/4/06), 931 So.2d 286.”

For a traffic stop to be justified at its inception, an officer must have an
objectively reasonable suspicion that some sort of illegal activity occurred or
is about to occur before stopping the vehicle. A traffic stop supported by
probable cause does not violate the Fourth Amendment regardless of the
officer’s actual motivations. See Florida v. Jardines, __ U.S. __, 133 S.Ct.
1409 (2013); Brendlin v. California, 551 U.S. 249, 127 S.Ct. 2400 (2007);
Arkansas v. Sullivan, 532 U.S. 769, 121 S.Ct. 1876 (2001); Parker v. Town
of Woodworth, 14-943 (La.App. 3 Cir. 3/4/15), 160 So.3d 1113, writ denied,
15-659 (La. 5/22/15), 171 So.3d 254.

The original opinion of this court as amended in this rehearing is
affirmed in all respects.

Ezell, J., dissents and would deny the rehearing.

cc: Keith A. Stutes, Counsel for the Applicant
Celeste C. White, Counsel for the Applicant