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State v. Pines

STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT
Dec 26, 2018
NO. 2018 KW 1621 (La. Ct. App. Dec. 26, 2018)

Opinion

NO. 2018 KW 1621

12-26-2018

STATE OF LOUISIANA v. JIMMELL PINES


In Re: State of Louisiana, applying for supervisory writs, 21st Judicial District Court, Parish of Tangipahoa, No. 1800359. BEFORE: GUIDRY, THERIOT, AND PENZATO, JJ.

WRIT GRANTED. As a general rule, mistakes in the use of municipal numbers do not invalidate a search warrant which otherwise describes the premises with sufficient particularity such that the officer with the warrant can with reasonable effort ascertain and identify the place intended. State v. Alonzo, 95-2483 (La. 5/31/96), 675 So.2d 266, 267 (per curiam). Furthermore, enough measures were taken to ensure the search occurred at the correct location, and the wrong address on the warrant was a mistake and not the result of police misconduct. See United States v. Leon, 468 U.S. 897, 104 S. Ct. 3405, 82 L.Ed.2d 677 (1984). See also State v. Guidry, 2003-1944 (La. 11/21/03), 862 So.2d 965, 966 (per curiam). Accordingly, the ruling granting the motion to suppress is reversed, and this matter is remanded for further proceedings.

JMG

MRT

AHP

COURT OF APPEAL, FIRST CIRCUIT /s/_________

DEPUTY CLERK OF COURT

FOR THE COURT


Summaries of

State v. Pines

STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT
Dec 26, 2018
NO. 2018 KW 1621 (La. Ct. App. Dec. 26, 2018)
Case details for

State v. Pines

Case Details

Full title:STATE OF LOUISIANA v. JIMMELL PINES

Court:STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT

Date published: Dec 26, 2018

Citations

NO. 2018 KW 1621 (La. Ct. App. Dec. 26, 2018)