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SUPREME COURT OF LOUISIANA No. 95-KK-3127 STATE OF LOUISIANA v. HYMEL VARNADO On Writ of Certiorari to the Fourth Circuit Court of Appeal PER CURIAM:* We granted the state's writ application to consider whether, as the district court found, the failure of the search warrant for the defendant's home to state any nexus between the items sought and the targeted premises requires suppression of the evidence seized in the subsequent search. Under the particular

circumstances of this case, we conclude that the police were entitled to rely in good faith on the warrant issued by the magistrate and that suppression of the evidence is not warranted. Massachusetts v. Sheppard, 468 U.S. 981, 104 S.Ct. 3424, 82 L.Ed.2d 737 (1984); United States v. Leon, 468 U.S. 897, 104 S.Ct. 3405, 82 L.Ed.2d 677 (1984). The police acquired probable cause to arrest the defendant on August 4, 1995, when one of the victims in a series of similar rapes and robberies identified his picture in a photographic lineup. Detective Dennis Dejean immediately sought an arrest Magistrate Andrew Sciambra signed the

warrant for the defendant. warrant that afternoon.

Defendant's arrest at the home of his

girlfriend on Chase Street in New Orleans followed at approximately 6:00 p.m.
*

According to the state's uncontested

Bleich, J., not on panel.

See Rule IV, Part 2,

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Louisiana Law