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State v. Grace

Supreme Court of Louisiana
Jun 3, 2011
63 So. 3d 1025 (La. 2011)

Summary

finding probation officer lawfully searched parolee's residence after smelling marijuana through opened door

Summary of this case from State v. Garcia

Opinion

No. 2011-KK-1128.

June 3, 2011.

In re State of Louisiana; — Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of Orleans, Criminal District Court Div. E, No. 503-879; to the Court of Appeal, Fourth Circuit, No. 2011-K-0706.


WRIT GRANTED. The probation officer was allowed to knock on the door of the residence of her parolee, Calvin Grace, under La.C.Cr.P. art. 895(A)(4). When the door was opened, the probation officer smelled marijuana which gave her reasonable suspicion that her probationer was engaged in, or had been engaging in, criminal activity. Therefore, the probation officer had the right to search the parolee's residence without a warrant under La.C.Cr.P. art. 895(A)(13). During this search, the contraband discovered gave sufficient probable cause to arrest the parolee. The decision of the trial court to suppress the evidence and the statements of the defendant is reversed.

JOHNSON, J., would deny the writ.


Summaries of

State v. Grace

Supreme Court of Louisiana
Jun 3, 2011
63 So. 3d 1025 (La. 2011)

finding probation officer lawfully searched parolee's residence after smelling marijuana through opened door

Summary of this case from State v. Garcia
Case details for

State v. Grace

Case Details

Full title:STATE of Louisiana v. Ivory GRACE

Court:Supreme Court of Louisiana

Date published: Jun 3, 2011

Citations

63 So. 3d 1025 (La. 2011)

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State v. Garcia

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