No. 93-KK-2111 Precedential Processed

State v. Hunter

Louisiana Supreme Court · Filed December 20, 1993 · 630 So. 2d 688

Cited by

State v. Jones 165 So. 3d 217 La. Ct. App. 1st Cir. 2015
State v. Jones 33 So. 3d 306 La. Ct. App. 1st Cir. 2010
State v. Brister 966 So. 2d 1249 La. Ct. App. 1st Cir. 2007
State v. Hunter 768 So. 2d 687 La. Ct. App. 2d Cir. 2000
State v. Jackson 767 So. 2d 848 La. Ct. App. 5th Cir. 2000
State v. Boles 763 So. 2d 74 La. Ct. App. 4th Cir. 2000
State v. Stokes 759 So. 2d 980 La. Ct. App. 5th Cir. 2000
State v. Crawford 749 So. 2d 728 La. Ct. App. 1st Cir. 1999
State v. Watts 735 So. 2d 866 La. Ct. App. 5th Cir. 1999
State v. Richmond 734 So. 2d 33 La. Ct. App. 1st Cir. 1999
State v. Richmond 734 So. 2d 33 La. Ct. App. 5th Cir. 1999
State v. Post 729 So. 2d 38 La. Ct. App. 5th Cir. 1999

all 14 citing documents »

Authorities cited

Identified automatically; this list may not be exhaustive.

State v. Lehnen 403 So. 2d 683
State v. Wilson 366 So. 2d 1328
State v. Valentine 355 So. 2d 897
State v. Bruno 427 So. 2d 1174

Opinion text

ORTIQUE, Justice, dissenting. I would grant the application, reverse the judgment of the Fourth Circuit Court of Appeal, and reinstate the ruling of the district court granting the defendant’s motion to suppress evidence. To uphold the actions of the New Orleans Police Department in this case would not merely do violence to the orderly pursuit of a just society, under Law, but would rent the very fabric of individual liberty, human dignity and personal security, with which we Americans are so proudly clothed. The expressed rationale of Officer Michael Glazer regarding the “kicking in of the door” at 1422½ Mazant, without any lawful authority whatsoever, puts the peaceful occupation of every “double house” or multiple housing structure in New Orleans, at risk. Although the record indicates that the decision of the police officers to obtain a warrant for defendant’s residence was not influenced by their prior entry of the premises, which I believe occurred under non-exigent circumstances and was flagrantly illegal, the independent source doctrine does not dispense with the requirement that the police have probable cause for subsequent search under a warrant. Murray v. United States, 487 U.S. 533 , 108 S.Ct. 2529 , 101 L.Ed.2d 472 (1988). Nor does it relieve the police of their duty to avoid misleading the magistrate with affidavits which are misrepresentative by what they include or omit. State v. Lehnen, 403 So.2d 683 (La.1981). The double hearsay tip relied upon by the police failed to state how the informant’s unidentified sources came by their information that the defendant had just received a new shipment of marijuana. See State v. Wilson, 366 So.2d 1328 (La.1978). In addition, the police did not connect the small amount of marijuana found inside the car they followed and stopped, after a brief visit to the double house the officers had placed under surveillance, with any sale of contraband from the defendant’s side of that residence. See State v. Valentine, 355 So.2d 897 (La.1978); compare State v. Bruno, 427 So.2d 1174 (La.1983). Apart from the substantial question of whether the failure of the police to include in the affidavit the negative results of their initial and unlawful sweep of the premises invalidated the warrant, State v. Lehnen, supra, the affidavit on its face does not provide probable cause for the search.