State Of Louisiana v. Deshawn Henderson ( 2021 )

STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT
STATE OF LOUISIANA NO. 2021 KW 0367
VERSUS
DESHAWN MONTRELL HENDERSON JULY 19, 2021
In Re: Deshawn Montrell Henderson, for
applying supervisory
writs, 19th Judicial District Court, Parish of East
Baton Rouge, No. 20- 05406.
BEFORE: WHIPPLE, C. J., WELCH AND WOLFE, JJ.
WRIT GRANTED. The district court' s ruling denying the
defendant' s motion to suppress is reversed. Based on the
testimony given at the
preliminary hearing examination and
introduced at the suppression hearing, the State failed to prove
the inventory of the vehicle' s contents was necessary. Herein,
the record reflects the following factors: ( 1) the State failed
to show that the vehicle could not safely remain where it was
located; ( 2) the search was conducted in the field; ( 3) there
was no
testimony that a tow truck was called before the search
commenced; ( 4) there was no
testimony that relator was asked if
he would consent to a search, if the vehicle contained
valuables,
or if he would consent to a waiver of the protections
afforded by an
inventory search; and ( 5) relator was not given
an
opportunity to make arrangements for someone to pick up the
vehicle from the location.
An inventory search may not be used
as a subterfuge for rummaging through the arrestee' s vehicle
without a warrant for the primary purpose of evidence.
seizing
State v. Griffin, 2007- 0974 ( La. 1st Cir. 2/ 8/ 08),
App. 984
So. 2d 97, 109. Moreover, although we recognize that relator
failed to show proof of insurance in violation La.
of R. S.
32: 863. 1( A), this action alone does not negate the requirement
that an officer refrain from inventorying a vehicle for the
purpose of seizing evidence. See State v. Dyson, 2018- 1744 ( La.
App, lst Cir. 3/ 6/ 19), 2019 WL 1084213; State v. Resit, 2017-
0824 ( La. App. 1st Cir. 7/ 24/ 17), 2017 WL 3140820, writ denied,
2017- 1455 ( La. 11/ 13/ 17), 230 So. 3d 205.
Accordingly, this
matter is remanded to the trial court for further proceedings.
VGW
JEW
EW
COURT OF APPEAL, FIRST CIRCUIT
DEPUTY C E K OF COURT
FOR THE COURT