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SUPREME COURT OF LOUISIANA
NO. 96-KA-2922 STATE OF LOUISIANA versus ROBERT MUSCHKAT ON APPEAL FROM THE FIRST JUDICIAL DISTRICT COURT, FOR THE PARISH OF CADDO, HONORABLE LEON E. EMANUEL, JUDGE VICTORY, Justice* This matter comes to us on direct appeal from the trial court which found that the drug-traffic loitering statute, La. R.S. 40:981.4, is unconstitutionally vague and overbroad. We affirm. FACTS AND PROCEDURAL HISTORY On September 21, 1995, Robert Muschkat ("Muschkat") was observed by an officer of the Shreveport Police Department waiting in front of 1435 Doris Street. The officer knew that the location was a known drug trafficking area and had made numerous arrests in the vicinity. He watched as Muschkat waited in front of the house for a couple of minutes, and then saw him drive around the block and stop in front of 1438 Earl Street, an address which he also knew to be a drug house. After waiting a few more minutes, Muschkat returned to his initial location in front of 1435 Doris Street. After a few more minutes, Muschkat circled back around to 1438 Earl Street. Again, after waiting a few more minutes, he returned to 1435

*

Knoll, J., not on panel. Rule IV, Part 2,

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