State v. Jones
Also decided on this docket: La. Ct. App. 4th Cir., June 24, 1998 720 So. 2d 1
State v. Jones, 720 So. 2d 1 (La. Ct. App. 1st Cir. 1998).
Cited by
- Sherman Williams v. Analytic Stress Relieving, Inc. and CF Industries Nitrogen, LLC La. Ct. App. 1st Cir. 2024
- State v. Jones 119 So. 3d 9 La. Ct. App. 1st Cir. 2013
- State v. Martello 748 So. 2d 1192 La. Ct. App. 4th Cir. 1999
- State v. Johnson 748 So. 2d 527 La. Ct. App. 4th Cir. 1999
- State v. Hill 743 So. 2d 773 La. Ct. App. 1st Cir. 1999
- State v. Creecy 742 So. 2d 615 La. Ct. App. 4th Cir. 1999
- State v. Nogess 729 So. 2d 132 La. Ct. App. 4th Cir. 1999
Authorities cited
Identified automatically; this list may not be exhaustive.
- State v. Scott 561 So. 2d 170
- State v. Scott 566 So. 2d 394
- State v. Toney 687 So. 2d 1048
- Simpson v. Baker 692 So. 2d 420
Opinion text
1 iMURRAY, Judge, dissenting. I respectfully dissent. By definition, Mr. Jones was not obstructing the sidewalk. There was no evidence presented that he was “impeding, hindering, stifling, retarding or restraining traffic or passage thereon or therein.” Indeed, there was no evidence presented that anyone, other than Mr. Jones and Mr. White, were on the sidewalk. The eases cited by the majority are inapposite, as they involve situations where the defendant was conversing in the middle of the street with another person, 1 or where a group was engaged in illegal gambling on the sidewalk, and the police had received complaints from persons living in the area. 2 The State has produced no evidence that Mr. Jones was doing anything more than standing on a sidewalk near a corner. Because I agree with the trial court that there was no legitimate probable cause for arrest, the granting of the motion to suppress was proper. I would deny the State’s writ application. . State v. Scott, 561 So.2d 170 (La.App. 1 Cir.), writ denied, 566 So.2d 394 (La.1990). . State v. Toney, 96-2226 (La.App. 4 Cir. 11/18/96) , 687 So.2d 1048 , writ denied, 97-0481 (La.4/4/97), 692 So.2d 420 .