State of Louisiana v. Jeneine Parker

Summary

The Louisiana Supreme Court reversed the trial court's suppression ruling, holding that police had probable cause to arrest the defendant for public intoxication under a New Orleans municipal ordinance. The court concluded that the subsequent search incident to the lawful arrest, which revealed crack cocaine, was not constitutionally invalid and remanded the matter for further proceedings.

Holdings

1. The officers did not need reasonable suspicion for an investigatory stop or probable cause for an arrest to approach Parker, inquire about her attempt to open the locked door of a closed business, and ask for identification, because the encounter involved mere communications without coercion or detention.
2. The officers had probable cause to arrest Parker for violating Section 54.405 of the New Orleans Municipal Code because she was in public, appeared manifestly under the influence of drugs not therapeutically administered, and was intoxicated to the degree that she endangered herself or property.
3. The search that uncovered the crack cocaine was lawful as a search incident to Parker's custodial arrest.

Questions Presented

1. Whether the officers needed reasonable suspicion or probable cause to approach Parker, ask why she was attempting to open the door of a closed business, and request identification.
2. Whether the officers had probable cause to arrest Parker for violating the New Orleans ordinance prohibiting public intoxication to the degree that a person may endanger herself or others or property.
3. Whether the search of Parker's person following the arrest was a lawful search incident to arrest.

Disposition

reversed_and_remanded