Opinion
No. 2002-K-0766
November 8, 2002.
IN RE: State of Louisiana; — Plaintiff; Applying for Writ of Certiorari and/or Review, Parish of Orleans, Criminal District Court Div. A, No. 417-854; to the Court of Appeal, Fourth Circuit, No. 2001-KA-1278.
ON WRIT OF CERTIORARI TO THE FOURTH CIRCUIT COURT OF APPEAL.
Granted. See per curiam.
PFC
CDK
BJJ
JPV
CDK
JTK
JLW
Granted. The court of appeal's decision is reversed and the defendant's conviction and sentence are reinstated. From the testimony at the motion to suppress hearing, the officers had probable cause to search the gas cap compartment after watching the defendant, the target of the narcotics investigation, leave an apartment known for drug activity and place an object in the gas cap compartment. Furthermore, exigent circumstances arising from the detention of the vehicle on the open road excused the lack of a warrant. Pennsylvania v. Labron, 518 U.S. 938, 940, 116 S.Ct. 2485, 2487, 135 L.Ed.2d 1031 (1996); see also State v. Tatum, 466 So.2d 29, 31 (La. 1985).