Opinion
NO. 2015 KW 0082
03-10-2015
STATE OF LOUISIANA v. WILLIAM EARL LINDER
In Re: William Earl Linder, applying for supervisory writs, 21st Judicial District Court, Parish of Livingston, Nos. 14-FELN-030644 and 14-FELN-030645. BEFORE: GUIDRY, WELCH AND THERIOT, JJ.
WRIT DENIED.
JMG
MRT
Welch J., dissents and would grant the writ application. I would reverse the district court's ruling denying relator's motion to suppress and remand the matter to the district court for further proceedings. Relator's continued detention after Jason Sexton, the fugitive, was arrested and taken to the parish jail was unreasonable under the circumstances. Marshal Bobby Bradstreet testified at the suppression hearing that when relator was detained, there was no evidence that he had committed an offense. Thus, there were no articulable facts that supported relator's prolonged detention. As such, relator's subsequent consent to the search of his home was vitiated by the unlawful detention. COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT