No. 89-K-2442 Precedential Processed

State v. Joyner

Louisiana Supreme Court · Filed January 19, 1990 · 556 So. 2d 1253

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Opinion text

In re Joyner, Kevin; — Defendant(s); applying for writ of certiorari and/or review; to the Court of Appeal, Fourth Circuit, No. 89KA-0346; Parish of Orleans, Criminal District Court, Div. “H”, No. 328-997. Prior report: La.App., 550 So.2d 1246 . Granted. The ruling of the Fourth Circuit is reversed, defendant’s guilty plea and sentence are vacated, and he is ordered discharged. The police lacked specific and articulable facts justifying a forcible detention of the defendant upon reasonable suspicion that he had committed, was committing, or was about to commit, a crime. State v. Belton, 441 So.2d 1195 (La.1983).