Opinion
NO. 2017 KW 0038
03-09-2017
STATE OF LOUISIANA v. SYLVESTER LEBLANC, JR.
In Re: State of Louisiana, applying for supervisory writs, 23rd Judicial District Court, Parish of Ascension, No. 34,837. BEFORE: WELCH, GRAIN, AND HOLDRIDGE, JJ.
WRIT GRANTED. The totality of the circumstances, namely respondent's nervousness and sweating, combined with the "furtive" movements of the three passengers, supported the officer's reasonable suspicion of criminal activity and the extension of the stop while the officer waited for backup support. When the passengers exited the vehicle after being ordered to do so, the backup officer saw the weapon in plain view, which led to the respondent being charged with the crime of being a felon in possession of a firearm. For these reasons, the district court's ruling granting the defense's motion to suppress evidence is reversed and this case is remanded to the district court for further proceedings.
WJC
JEW
Holdridge, J., dissents and would deny the writ. The trial court did not abuse its discretion. COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT