State Of Louisiana v. Cameron Rodrigue ( 2020 )

STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT
STATE OF LOUISIANA NO. 2019 KW 1490
VERSUS
CAMERON RODRIGUE
FEB 10 2020
In Re: State of Louisiana, for
applying supervisory writs,
17th Judicial District Court, Parish of Lafourche,
Nos. 571289 & 571290.
BEFORE: MCCLENDON, WELCH, AND HOLDRIDGE, JJ.
WRIT GRANTED. The district court' s the
ruling granting
defendant' s motion to suppress is reversed. Under the facts
and circumstances of this case, the officer had the authority to
detain the defendant to investigate whether the defendant was
truant. See La. Ch. Code. art. 733. 1. Furthermore, although an
officer has no basis for suspecting a particular individual, the
United States Supreme Court has held, the officer request
may
consent to search. See Florida v. Bostick, 501 U. S. 429, 435,
111 S. Ct. 2382, 2386, 115 L. Ed. 2d 389 ( 1991). Moreover, there
was no evidence presented at the suppression hearing regarding
the duration of the detention. Therefore, there is no evidence
that the defendant' s consent to a search of his backpack was
vitiated by an extensive detention. See State v. Brown, 2014-
0220 ( La. App. 1st Cir. 9/ 24/ 14), 2014 WL 4743079. Accordingly,
the district court erred as a matter of law when it granted the
defendant' s motion to suppress, and this matter is remanded to
the district court for further proceedings.
PMC
JEW
Holdridge, J., concurs.
COURT OF APPEAL, FIRST CIRCUIT
DEPUTY CLER QF COURT
FOR THE COURT