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96-K-2650
State: Louisiana
Court: Supreme Court
Docket No: 96-K-2650
Case Date: 01/01/1997
Preview:SUPREME COURT OF LOUISIANA No. 96-K-2650 STATE OF LOUISIANA v. VALENTINE KALIE On Writ of Certiorari First Circuit Court of Appeal PER CURIAM:* In a case in which "[n]either side disputes [that officer] Brashier had probable cause for the initial traffic stop and for the subsequent search after the narcotics dog arrived and alerted," State v. Kalie, 95-2051, p. 5, (La.App. 1st Cir. 10/2/96), 682 So.2d 272, 274 (emphasis in original) (Shortess, J., dissenting), the First Circuit overturned the trial court's denial of the defendant's motion to suppress on grounds that Officer Brashier "articulated no other reasons for the detention" than nervousness and the slightly varying statements made by the defendant and his companion, circumstances which "alone do not indicate `to a man of average reason that [defendant] was engaged in illegal activity.'" Id., 95-2051, p. 10, 682 So.2d at 277

(quoting State v. Bunnell, 517 So.2d 439, 441 (La.App. 1st Cir. 1987)). We granted the state's application for review because

the First Circuit's decision apparently conflicts with the settled rule that the determination of reasonable grounds for an investigatory stop, or probable cause for an arrest, does not rest on the officer's subjective beliefs or attitudes but turns on a completely objective evaluation of all of circumstances known to the officer at the time of his challenged action. Whren

*

Johnson, J., not on panel.

See Rule IV, Part 2,
Download 96-K-2650.pdf

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