No. 96-KA-1276 Precedential Processed

State v. Williams

Louisiana Court of Appeal, First Circuit · Filed April 9, 1997 · 693 So. 2d 204

Cited by

State of Louisiana in the Interest of D.W. La. 2023
State v. Ennis 97 So. 3d 575 La. Ct. App. 1st Cir. 2012
State v. Ewens 735 So. 2d 89 La. Ct. App. 5th Cir. 1999

Opinion text

liJONES, Judge, dissenting. The majority is very comfortable with the police searching defendant’s bag after he was stopped but before determining that a burglary had occurred. The majority attempts to utilize Payne as justification. However, while the investigating officers clearly were entitled to detain this defendant for the brief period it took to conduct their investigation, and as a result thereof to articulate reasons for a further warrantless search incident to arrest, I dissent because these police officers had no constitutional authority to conduct a full search of this defendant predicated solely upon a “suspicious person” complaint.