Opinion
NO. 2019 KW 0294
06-04-2019
STATE OF LOUISIANA v. LESTER W. PORTER
In Re: Lester W. Porter, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 12-17-0031. BEFORE: WHIPPLE, C.J., GUIDRY AND McCLENDON, JJ.
WRIT GRANTED. Under the circumstances in this case, the search of the center console was unreasonable. Mere probable cause does not provide the exigent circumstances necessary to justify a search without a warrant. To justify a warrantless entry, the exigent circumstances must be known to the officer at the time of the warrantless entry and cannot be based on evidence discovered during the search. See United States v. Rivera, 248 F.3d 677, 680-81 (7th Cir.), cert. denied, 534 U.S. 923, 122 S.Ct. 277, 151 L.Ed.2d 203 (2001). Therefore, the ruling denying the motion to suppress is reversed, and this matter is remanded for further proceedings.
PMc
Guidry, J., concurs.
Whipple, C.J., dissents and would deny the writ application. The decision to stop the automobile that relator was operating was reasonable where the police officer had probable cause to believe that a violation of La. R.S. 32:53(A)(3) had occurred. Whren v. United States, 517 U.S. 806, 810, 116 S.Ct. 1769, 1772, 135 L.Ed.2d 89 (1996). If a car is readily mobile and probable cause exists to believe it contains contraband, the Fourth Amendment permits police to search the vehicle. See Pennsylvania v. Labron, 518 U.S. 938, 940, 116 S.Ct. 2485, 2487, 135 L.Ed.2d 1031 (1996) (per curiam); California v. Acevedo, 500 U.S. 565, 580, 111 S.Ct. 1982, 1991, 114 L.Ed.2d 619 (1991); State v. Causey, 2012-1485 (La. 10/26/12), 108 So.3d 1163 (per curiam). COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT