Summary
The Supreme Court of Louisiana held that a deputy did not violate La. Rev. Stat. 32:295.1(F) by stopping the defendant for a seat-belt violation, ordering him out of the vehicle for safety reasons, and observing signs of intoxication. The court concluded that the deputy's subsequent field sobriety testing and arrest were supported by independent observations of intoxication and reinstated the trial court's denial of the motion to suppress.
Holdings
- Louisiana Revised Statutes 32:295.1, as amended in 1999, permits a traffic stop based solely on an officer's clear and unobstructed view that a motorist is not wearing a required safety belt.
- An officer does not conduct an unauthorized inspection under La. Rev. Stat. 32:295.1(F) merely by ordering a motorist out of a vehicle for safety reasons and passively observing the motorist's gait, speech, or odor of alcohol.
- Once the deputy observed independent signs of intoxication, La. Rev. Stat. 32:295.1(F) did not prohibit field sobriety testing, breath testing, or related investigation.
Questions Presented
- Whether Louisiana Revised Statutes 32:295.1(F) prohibited the deputy from ordering Benoit out of the vehicle and observing him after stopping him solely for a safety-belt violation.
- Whether the deputy's administration of field sobriety tests and related investigation violated Louisiana Revised Statutes 32:295.1(F).
Disposition
reversed_and_remanded
Cases Cited (20)
- Bailey v. United States, 516 U.S. 137, 116 S. Ct. 501, 506, 133 L. Ed. 2d 472 (1995)(followed)
- United States v. Ron Pair Enterprises, Inc., 489 U.S. 235, 109 S. Ct. 1026, 1031, 103 L. Ed. 2d 290 (1989)(followed)
- Griffin v. Oceanic Contractors, Inc., 458 U.S. 564, 102 S. Ct. 3245, 3250, 73 L. Ed. 2d 973 (1982)(followed)
- State v. Benoit, 01-0810 (La. App. 5 Cir. 8/21/01)(reversed)
- State v. Benoit, 01-2712 (La. 1/25/02), 806 So. 2d 662(procedural history)
- Bond v. United States, 529 U.S. 334, 120 S. Ct. 1462, 1463, 146 L. Ed. 2d 365 (2000)(distinguished)
- Florida v. Riley, 488 U.S. 445, 109 S. Ct. 693, 697, 102 L. Ed. 2d 835 (1989)(distinguished)
- California v. Ciraolo, 476 U.S. 207, 106 S. Ct. 1809, 90 L. Ed. 2d 210 (1986)(distinguished)
- State v. James, 795 So. 2d 1146, 1147 (La. 2000)(followed)
- State v. McHugh, 630 So. 2d 1259, 1261 (La. 1994)(followed)
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