From Casetext: Smarter Legal Research

State v. Barry

Court of Appeal of Louisiana, Third Circuit
Apr 3, 1989
543 So. 2d 1364 (La. Ct. App. 1989)

Opinion

No. K89-335.

April 3, 1989.

APPEAL FROM 27TH JUDICIAL DISTRICT COURT, PARISH OF ST. LANDRY, STATE OF LOUISIANA, HONORABLE ROBERT BRINKMAN, J.

Morgan J. Goudeau, III, Dist. Atty., Donald J. Richard, Asst. Dist. Atty., Opelousas, for applicant.

Patrick C. Morrow, Opelousas, for respondent.


ORDER

Writ Granted and Made Peremptory:

Public employers' intrusions on constitutionally protected privacy interest of government employees for non-investigatory, work-related purposes, as well as for investigations of work-related misconduct should be judged by a standard of reasonableness under all circumstances. This standard is met when the search is justified at its inception and when the search is reasonably related in scope to the circumstances which justified the interference in the first place. O'Connor v. Ortega, 480 U.S. 709, 107 S.Ct. 1492, 94 L.Ed.2d 714 (1987); State v. Lambright, 525 So.2d 84 (La.App. 3 Cir. 1988); writ denied, 530 So.2d 83 (La. 1988). Accordingly, the trial court's order granting defendant's motion to suppress on the grounds that neither a warrant or probable cause was present is vacated and the case is remanded to the district court for further proceedings in accordance with law.

THUS DONE AND SIGNED this 23rd day of May, 1989.


Summaries of

State v. Barry

Court of Appeal of Louisiana, Third Circuit
Apr 3, 1989
543 So. 2d 1364 (La. Ct. App. 1989)
Case details for

State v. Barry

Case Details

Full title:STATE OF LOUISIANA, PLAINTIFF-RELATOR, v. OLLA L. BARRY…

Court:Court of Appeal of Louisiana, Third Circuit

Date published: Apr 3, 1989

Citations

543 So. 2d 1364 (La. Ct. App. 1989)

Citing Cases

Opinion Number

Purely random, suspicionless searches for any purposes are prohibited in Louisiana. The controlling case on…