Opinion
No. 98-KK-2477
October 7, 1998
IN RE: State of Louisiana; — Plaintiff(s); Applying for Supervisory and/or Remedial Writs; Parish of Orleans Criminal District Court Div. "I" Number 394-150; to the Court of Appeal, Fourth Circuit, Number 98KW-2249
Stay order recalled. Writ granted. The judgment of the trial court suppressing the evidence is reversed. The motion to suppress is denied. California v. Hodari D., 499 U.S. 621, 111 S.Ct. 1547 (1991); State v. Tucker, 626 So.2d 707 (La. 1993). The case is remanded to the trial court for further proceedings.
CDT
WFM
HTL
CDK
JPV
CALOGERO, C.J., would grant and remand to the court of appeal.
JOHNSON, J., would deny the writ being of the opinion that there was not reasonable suspicion for the investigatory stop.
KNOLL, J., not on panel.