Summary
The Louisiana Court of Appeal, First Circuit, granted the State's supervisory writ and reversed the district court's ruling granting Edward D. Schertler II's motion to suppress. The court held that, under the totality of the circumstances, the search-warrant affidavit provided a substantial basis for finding probable cause and remanded for further proceedings.
Holdings
- Probable cause existed because, under the totality of the circumstances, the facts and circumstances known to the affiant and supported by reasonably trustworthy information provided a substantial basis for concluding that an offense had been committed and that evidence or contraband might be found at the place to be searched.
- The district court erred in granting the motion to suppress because the search warrant was supported by probable cause.
Questions Presented
- Whether the search-warrant affidavit established probable cause under the totality of the circumstances.
- Whether the district court erred by granting the defendant's motion to suppress.
Disposition
writ_granted
Cases Cited (6)
- State v. Casey, 99-0023 (La. 1/26/00), 775 So. 2d 1022, 1027-28(followed)
- 531 U.S. 840, 121 S. Ct. 104, 148 L. Ed. 2d 62 (2000)(subsequent history)
- State v. Lurding, 2021-0430 (La. App. 1st Cir. 12/22/21), 340 So. 3d 97, 101(followed)
- 2022-00147 (La. 3/15/22), 334 So. 3d 392(subsequent history)
- Illinois v. Gates, 462 U.S. 213, 103 S. Ct. 2317, 76 L. Ed. 2d 527 (1983)(followed)
- State v. Green, 2002-1022 (La. 12/4/02), 831 So. 2d 962, 969(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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