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Supreme Court of Louisiana

FOR IMMEDIATE NEWS RELEASE NEWS RELEASE #034
FROM: CLERK OF SUPREME COURT OF LOUISIANA
The Opinions handed down on the 11th day of May, 2010, are as follows:
BY GUIDRY, J.:
2009-KK-2456 STATE OF LOUISIANA v. BRUCE BROWN, ET AL. (Parish of Orleans)
Retired Judge Philip C. Ciaccio, assigned as Justice ad hoc,sitting for Chief Justice Catherine D. Kimball.
For the reasons stated herein, we set aside the ruling of thecourt of appeal, reinstate the district court ruling denying thedefendant's motion to suppress, and remand the case to thedistrict court for further proceedings.COURT OF APPEAL RULING SET ASIDE; DISTRICT COURT RULING REINSTATED; CASE REMANDED TO THE DISTRICT COURT.
JOHNSON, J., dissents and assigns reasons.
SUPREME COURT OF LOUISIANA
No. 09-KK-2456
STATE OF LOUISIANA
VERSUS
BRUCE BROWN, ET AL
ON WRIT OF CERTIORARI TO THE COURT OF APPEAL


FOURTH CIRCUIT, PARISH OF ORLEANS GUIDRY, Justice*
In this criminal prosecution for possession with intent to distribute marijuana, evidence was seized from within one unit of a dual residence during a warrantless search, conducted by police acting on information from a citizen informant asserting she had authority over the premises and stating the persons in the residence were trespassers. The issue is whether the evidence should be suppressed.  Following a hearing, the district court denied the defendant

Download 09KK2456.opn.pdf

Louisiana Law