State Of Louisiana v. April Marie Ford ( 2023 )

STATE OF LOUISIANA
STATE OF LOUISIANA NO. 2023 KW 0495
VERSUS
APRIL MARIE FORD AUGUST 14, 2023
In Re: April Marie Ford, applying for supervisory writs, 21st
Judicial District Court, Parish of Tangipahoa, No.
2202280.
BEFORE: McCLENDON, HESTER, AND MILLER, JJ.
WRIT GRANTED. A lawful detention for questioning does not
the officer authority to conduct a pat -down
automatically give
for weapons. State v. Sims, 2002- 2208 ( La. 6/ 27/ 03), 851 So. 2d
1039, 1043 ( emphasis added). " If a police officer lawfully pats
down a suspect' s outer clothing and feels an object whose
contour or mass makes its identity immediately apparent, there
has been no invasion of the suspect' s privacy beyond that
already authorized by the officer' s search for weapons." See
Minnesota v. Dickerson, 508 U. S. 366, 375- 76, 113 S. Ct. 2130,
2137, 124 L. Ed. 2d 334 ( 1993); State v. Temple, 2002- 1895 ( La.
9/ 9/ 03), 854 So. 2d 856. Even if the pat -down was justified,
none of the evidence indicates that the item inside relator' s
pocket was readily identifiable by its NNplain feel."
Accordingly, the district court' s ruling denying relator' s
motion to suppress is reversed and this matter is remanded for
further proceedings.
PMC
CHH
Miller, J., dissents. Based upon the district court' s
finding that the probation officers were acting in good faith, I
would deny the writ.
OURT OF APPEAL, FIRST CIRCUIT
PUTY CLERK OF COURT
FOR THE COURT