No. 66584 Precedential Processed

State v. Bible

Louisiana Supreme Court · Filed August 4, 1981 · 401 So. 2d 966

Also decided on this docket: La., November 16, 1981 406 So. 2d 138; La., September 3, 1980 389 So. 2d 42

Cited by

State v. Camp 459 So. 2d 53 La. Ct. App. 2d Cir. 1984
State v. Green 437 So. 2d 302 La. Ct. App. 2d Cir. 1983

Authorities cited

Identified automatically; this list may not be exhaustive.

State v. Bible 389 So. 2d 42

Opinion text

DENNIS, Justice, dissenting. I respectfully dissent, La., 389 So.2d 42 . The information received from the confidential informant failed to meet the standards for trustworthiness laid down by the United States Supreme Court in Aguilar v. Texas, 378 U.S. 108 , 84 S.Ct. 1509 , 12 L.Ed.2d 723 (1964) and Spinelli v. United States, 393 U.S. 410 , 89 S.Ct. 584 , 21 L.Ed.2d 637 (1969). Thus, the initial seizure of the defendant was unconstitutional. Moreover, even if the seizure were proper, the search of the suitcase without a warrant was unlawful in light of United States v. Chadwick, 433 U.S. 1 , 97 S.Ct. 2476 , 53 L.Ed.2d 538 (1977).