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Opinion released March 24, 2000

SUPREME COURT OF LOUISIANA No. 00-KK-0564 STATE OF LOUISIANA versus JOHN SMALL ******************** ON WRIT OF CERTIORARI TO THE COURT OF APPEAL, FOURTH CIRCUIT, PARISH OF ORLEANS ******************** PER CURIAM* Writ granted; lower courts reversed; motion to suppress physical evidence denied; stay order lifted. The trial court abused it discretion in suppressing the physical evidence. While under surveillance for drug trafficking, the officers observed in plain view the defendant, who looked up and down the street nervously, carrying a small plastic package from a residence known by the officers for narcotics trafficking. Defendant then placed the package into his rear trouser pocket and walked towards the McDonald's that the confidential informant had identified as a place where defendant was dealing drugs. Upon seeing the approaching police vehicle, defendant attempted to leave the scene at a quickened pace. Under the totality of the circumstances, giving deference to the inferences and deductions of trained officers that might well elude untrained persons, the officers had reason to justify the investigatory stop. Terry v. Ohio, 392 U.S. 1 (1968); Illinois v. William, 120 S. Ct. 673 (2000). When the officers lawfully stopped defendant and conducted a pat down in a self-protective search for weapons based on their experience that weapons were often associated with narcotics trafficking, Sergeant Little testified that he could feel

*

Lemmon, J., not on panel. See Rule IV, Part II,

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