Opinion
NO. 2017 KW 0409
05-25-2017
STATE OF LOUISIANA v. MICHAEL NEILSON
In Re: Michael Neilson, applying for supervisory writs, 17th Judicial District Court, Parish of Lafourche, Nos. 519113, 519114, & 520705. BEFORE: WHIPPLE, C.J., GUIDRY AND McCLENDON, JJ.
WRIT DENIED. This case involved two separate instances of driving while intoxicated. The first stop was made after the officer observed relator commit a traffic violation inside his jurisdiction, and the second stop was made after the police received a call from a citizen who wished to remain anonymous, but verified his complaint, in person, with the arresting officer. Both stops were reasonable under the totality of the circumstances. See State v. Gates, 2013-1422 (La. 5/7/14), 145 So.3d 288. Furthermore, the right of law enforcement officers to stop and interrogate one reasonably suspected of criminal conduct is recognized by both federal and state jurisprudence. Terry v. Ohio, 392 U.S. 1, 88 S.Ct. 1868, 20 L.Ed.2d 889 (1968); State v. Ducre, 604 So.2d 702, 706 (La. App. 1st Cir. 1992). See also La. Code Crim. P. art. 215.1. Therefore, even if defense counsel had filed motions to suppress, the outcome of the criminal proceedings in the instant cases would not have been different because both stops are supported by the law and jurisprudence. See Strickland v. Washington, 466 U.S. 668, 694, 104 S.Ct. 2052, 2068, 80 L.Ed.2d 674 (1984). Accordingly, the district court did not err by denying the application for postconviction relief.
PMc
VGW
JMG
COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT