No. 81-C-0665 Precedential Reversed Processed

State v. Madere

Louisiana Supreme Court · Filed June 22, 1981 · 400 So. 2d 665

Cited by

Authorities cited

Identified automatically; this list may not be exhaustive.

Opinion text

DENNIS, Justice. This is an appeal by the state from a district court judgment declaring uncohsti-tutional La.R.S. 15:31 insofar as it subjects gambling devices to immediate confiscation and destruction even when they are not used for gambling. The judgment is reversed. A gambling device, as defined by La.R.S. 15:31(B), constitutes contraband. Accordingly, a statute requiring its confiscation and immediate destruction does not violate due process or property rights under either the state or federal constitution. Brown v. State, etc., 392 So.2d 415 (La.1980). REVERSED. WATSON and LEMMON, JJ., dissent.