Opinion
NO. 2018 KW 1744
03-06-2019
STATE OF LOUISIANA v. KIAMBER DYSON
In Re: Kiamber Dyson, applying for supervisory writs, 21st Judicial District Court, Parish of Tangipahoa, No. 1800737. BEFORE: WELCH, CHUTZ, AND LANIER, JJ.
WRIT GRANTED. The trial court's ruling denying the defendant's motion to suppress is reversed. Based on the testimony at the suppression hearing, the state failed to prove the inventory of the vehicle's contents was necessary and reasonable in its scope. Herein, the state failed to present evidence that the defendant, who was not under arrest before the inventory search, was asked if the vehicle contained valuables or if she would consent to the agency's failure to afford her the protection of an inventory search. Additionally, the officer testified that the defendant refused to consent to a search of the vehicle and a K-9 unit conducted a free air sweep but failed to alert, after which the officer conducted the inventory search. The facts and circumstances of this case indicate that the "inventory search" of the defendant's vehicle was actually a pretext to search for illegal drugs. An inventory search may not be used as a subterfuge for rummaging through the arrestee's vehicle without a warrant for the primary purpose of seizing evidence. State v. Griffin, 2007-0974 (La. App. 1st Cir. 2/8/08), 984 So.2d 97, 109. Moreover, although we recognize that the defendant failed to show proof of insurance in violation of La. R.S. 32:863.1(A), this action alone does not negate the requirement that an officer refrain from inventorying a vehicle for the purpose of seizing evidence. See State v. Resit, 2017-0824 (La. App. 1st Cir. 7/24/17) (unpublished writ), writ denied, 2017-1455 (La. 11/13/17), 230 So.3d 205. Accordingly, this matter is remanded to the trial court for further proceedings.
JEW
WRC
WIL
COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT