From Casetext: Smarter Legal Research

State v. Guidry

Supreme Court of Louisiana
Nov 21, 2003
862 So. 2d 965 (La. 2003)

Summary

In Guidry, the Louisiana Supreme Court found that technical violations or errors in search warrants did not automatically vitiate the constitutionality of the seized evidence.

Summary of this case from State v. Julien

Opinion

No. 03-KK-1944.

November 21, 2003.

IN RE: State of Louisiana; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Jefferson, 24th Judicial District Court Div. M, Nos. 02-6334, 02-6335; to the Court of Appeal, Fifth Circuit, No. 03-K-625.

ON WRIT OF CERTIORARI TO THE FIFTH CIRCUIT COURT OF APPEAL.


Granted and remanded to court of appeal. See per curiam.

PFC

CDK

BJJ

JPV

CDT

JTK

JLW


Granted. This case is remanded to the court of appeal for reconsideration and written treatment in light of United States v. Leon, 468 U.S. 897, 104 S.Ct. 3405, 82 L.Ed.2d 677 (1984). See United States v. Richardson, 943 F.2d 547, 550 (5th Cir. 1991); United States v. Turner, 926 F.2d 883, 886 (9th Cir. 1991); United States v. Rome, 809 F.2d 665, 669-70 (10th Cir. 1987). See also State v. Matthieu, 506 So.2d 1209, 1212 (La. 1987) ("`La.C.Cr.P. Art. 703 permits suppression only of evidence obtained "by an unconstitutional search or seizure." It was not intended to permit suppression of evidence seized by a warrant `illegal' merely because technically contrary to law, unless the seizure is violative of fundamental due process concepts.'") (quotingState v. Bienvenu, 260 La. 1023, n. 1, 258 So.2d 72, 74 (1972)).


Summaries of

State v. Guidry

Supreme Court of Louisiana
Nov 21, 2003
862 So. 2d 965 (La. 2003)

In Guidry, the Louisiana Supreme Court found that technical violations or errors in search warrants did not automatically vitiate the constitutionality of the seized evidence.

Summary of this case from State v. Julien
Case details for

State v. Guidry

Case Details

Full title:STATE OF LOUISIANA v. PHILIP GUIDRY et al

Court:Supreme Court of Louisiana

Date published: Nov 21, 2003

Citations

862 So. 2d 965 (La. 2003)

Citing Cases

State v. Julien

--------Additionally, the State asserts that La. C.Cr.P. Art. 703 and State v. Guidry, 03-1944 (La.…

State v. Young

La.C.Cr.P. art. 703A provides for suppression of evidence obtained by an unconstitutional search or seizure.…