No. 32,659-KW Precedential Processed

State v. Harmon

Louisiana Court of Appeal, Second Circuit · Filed May 14, 1999 · 754 So. 2d 986

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Opinion text

| ¶ NORRIS, J, dissenting. I dissent. La. R.S. 32:295.1 F states: “No vehicle, the contents of the vehicle, driver, or passenger in a vehicle shall be inspected, detained, or searched solely because of a violation of this Section.” In other words, a seat belt violation does not justify a stop and search. The evidence arising from this illegal search was properly suppressed by the District Court. Admittedly, a 1995 amendment to this subsection was promoted as an effort to make the failure to wear a seat belt a “primary offense.” La. Acts 1995, No. 643. The result of this amendment — quoted above — has been held by one court to authorize a stop, but by two other courts not to authorize a stop. State v. Henderson, 98-614 (La.App. 5 Cir. 12/16/98) , 727 So.2d 1180 ; contra, State v. Antoine, 98-369 (La.App. 3 Cir. 10/28/98) , 721 So.2d 562 , and State v. Palmer, 98-2236 (La.App. 4 Cir. 11/18/98) , 723 So.2d 1040 . This conflicting jurisprudence *987 shows that, at best, the statute is ambiguous and must be construed in favor of the defendant. See, e.g., State v. Carouthers, 618 So.2d 880 (La.1993).