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FOR IMMEDIATE NEWS RELEASE NEWS RELEASE # 22 FROM: CLERK OF SUPREME COURT OF LOUISIANA

The Opinions handed down on the 25th day of February, 2004 , are as follows:

BY TRAYLOR, J.:

2003-KA-1404

STATE OF LOUISIANA v. IFIANY OBRINNA UMEZULIKE (Parish of Lafayette)(Possession of Marijuana; Possession of Drug Paraphernalia) Accordingly, we remand this case back to the trial court to hold a hearing on the merits of defendant's motion to suppress before a duly elected judge. REVERSED AND REMANDED. VICTORY, J., concurs in the result. WEIMER, J., concurs in part and dissents in part, and assigns reasons.

02/25/04

SUPREME COURT OF LOUISIANA

No. 03-KA-1404

STATE OF LOUISIANA v. IFIANY OBRINNA UMEZULIKE ON WRIT OF CERTIORARI TO THE COURT OF APPEAL, THIRD CIRCUIT, PARISH OF LAFAYETTE

TRAYLOR, J. At issue in this matter is whether the last clause of La. Rev. Stat. 13:716(B)(1),1 which delegates the authority to issue search warrants to the Commissioner of the Fifteenth Judicial District Court, violates the separation of powers doctrine by allowing a non-judicial officer to exercise judicial power which is reserved to elected judges by the Louisiana Constitution of 1974. For the reasons assigned, we reverse the Court of Appeal, Third Circuit, and find that the power to issue a search warrant is not solely a judicial power. Accordingly, we hold that the portion of La. Rev. Stat. 13:716(B)(1) which authorizes the Commissioner of the Fifteenth Judicial District

1

La. Rev. Stat. 13:716(B)(1) states, in pertinent part: B.(1) The commissioner shall have all powers of a district judge not inconsistent with the constitution and laws of the state of Louisiana and the United States, including but not limited to the power to administer oaths and affirmations, take acknowledgments, affidavits, and depositions, sign orders, act in felony and misdemeanor charges, hear preliminary motions, accepts pleas in misdemeanor cases including misdemeanor cases preliminary to trial on the merits, conduct trials of misdemeanor cases, fix bail, and sign and issue search and arrest warrants upon probable cause being shown and in accordance with Paragraph (2) of this Subsection. (emphasis added)

Court to issue search warrants is constitutional and does not violate the separation of powers doctrine. FACTS AND PROCEDURAL HISTORY On January 28, 2000, Commissioner Diana Simon of the Fifteenth Judicial District issued a search warrant for the vehicle and home of Ifiany O. Umezulike, the defendant. As a result of the search, officers seized approximately one gram of marijuana and two packs of cigarette rolling paper. Subsequently, on October 5, 2000, a bill of information was signed, charging the defendant with a violation of La. Rev. Stat. 40:966, possession of marijuana, and La. Rev. Stat. 40:1033, possession of drug paraphernalia, both misdemeanors. The defendant filed a motion to suppress the evidence on the basis that La. Rev. Stat. 13:716(B)(1), which allows the commissioner for the Fifteenth Judicial District to sign and authorize search warrants, violates Article V,

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Louisiana Law