State Of Louisiana v. Jeremy Cooper ( 2023 )

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COURT OF APPEAL, FIRST CIRCUIT
STATE OF LOUISIANA NO. 2023 KW 0813
VERSUS
JEREMY D. COOPER OCTOBER 17, 2023
In Re: State of Louisiana, applying for supervisory writs,
20th Judicial District Court, Parish of East
Feliciana, Nos. 23 - CR - 298/ 301/ 303/ 339.
BEFORE: McCLENDON, HESTER, AND MILLER, JJ.
WRIT GRANTED. At the time the defendant was stopped, he
was suspected of being involved in the sale of illegal narcotics
at his residence. Under the totality of the circumstances, the
officers had reasonable suspicion to effect the investigatory
Terry v. Ohio, 392 U. S. 1, 88
stop and to detain the defendant.
S. Ct. 1868, 20 L. Ed. 2d 889 ( 1968) ; State v. Kalie, 96- 2650 ( La.
9/ 19/ 97) , 699 So. 2d 879, 881 ( per curiam) . See also State v.
Bozeman, 2008- 1077 ( La. App. 1st Cir. 2/ 13/ 09), 6 So. 3d 899,
writ denied, 2009- 0629 ( La. 11/ 25/ 09), 22 So. 3d 170.
Furthermore, even if a traffic violation has not been committed,
an officer stop a vehicle for investigatory purposes if he
may
has a reasonable suspicion of criminal activity. See United
States v. Zavala, 541 F. 3d 562, 574 ( 5th Cir. 2008) Moreover,
the initial warrantless search of the vehicle was reasonable
under the plain view exception to the search warrant. State v.
Miguel, 2018- 0711 ( La. 1/ 30/ 19), 263 So. 3d 873, 874 ( per
curiam). Accordingly, the district court' s ruling granting
defendant' s motion to suppress is reversed and this matter is
remanded for further proceedings.
PMC
SMM
Hester, J., dissents and would deny the writ.
COURT OF APPEAL, FIRST CIRCUIT
DEPUTY CLERK OF COURT
FOR THE COURT