State v. Green

Summary

The Supreme Court of Louisiana reviewed whether an affidavit supporting a search warrant established probable cause to search the residence of Gwana Green and Noel Sanders after a child suffered extensive burns. The court held that, under a practical and common-sense reading of the affidavit and the totality of the circumstances, the issuing magistrate had a substantial basis for finding probable cause, reversed the lower courts, denied the motions to suppress, and remanded. Justice Kimball dissented.

Holdings

1. The affidavit, read practically and with common sense under the totality of the circumstances, provided a substantial basis for the issuing magistrate to conclude that probable cause existed to search the defendants' residence for evidence of a crime.
2. The police need not specify exactly what crime has been committed in the affidavit so long as the facts establish probable cause to believe that a crime has been committed and that evidence will be found at the place to be searched.
3. The trial court erred in suppressing the evidence seized under the warrant, and the appellate court erred in declining to disturb that ruling.

Questions Presented

1. Whether the search-warrant affidavit established probable cause under the totality of the circumstances.
2. Whether the affidavit sufficiently established that a crime had occurred even though it did not identify the precise offense.
3. Whether the evidence seized pursuant to the warrant should have been suppressed.

Disposition

reversed_and_remanded