Opinion
2023 KW 0495
08-14-2023
STATE OF LOUISIANA v. APRIL MARIE FORD
In Re: April Marie Ford, applying for supervisory writs, 21st Judicial District Court, Parish of Tangipahoa, No. 2202280.
BEFORE: McCLENDON, HESTER, AND MILLER, JJ.
WRIT GRANTED. A lawful detention for questioning does not automatically give the officer authority to conduct a pat-down for weapons. State v. Sims, 2002-2208 (La. 6/27/03), 851 So.2d 1039, 1043 (emphasis added). "If a police officer lawfully pats down a suspect's outer clothing and feels an object whose contour or mass makes its identity immediately apparent, there has been no invasion of the suspect's privacy beyond that already authorized by the officer's search for weapons." See Minnesota v. Dickerson, 508 U.S. 366, 375-76, 113 S.Ct. 2130, 2137, 124 L.Ed.2d 334 (1993); State v. Temple, 2002-1895 (La. 9/9/03), 854 So.2d 856. Even if the pat-down was justified, none of the evidence indicates that the item inside relator's pocket was readily identifiable by its "plain feel." Accordingly, the district court's ruling denying relator's motion to suppress is reversed and this matter is remanded for further proceedings.
PMc
CHH
Miller, J.,dissents. Based upon the district court's finding that the probation officers were acting in good faith, I would deny the writ.