Opinion
NO. 2017 KW 0135
02-21-2017
STATE OF LOUISIANA v. CASEY TARAN LOPEZ
In Re: Casey Taran Lopez, applying for supervisory writs, 16th Judicial District Court, Parish of St. Mary, No. 16-197680. BEFORE: PETTIGREW, McDONALD, AND CALLOWAY, JJ.
WRIT GRANTED. The trial court erred in denying the motion suppress. The evidence at issue was seized pursuant to a warrant that was so lacking in probable cause as to render official belief in its existence entirely unreasonable. See United States v. Leon, 468 U.S. 897, 104 S. Ct. 3405, 82 L.Ed.2d 677 (1984). There was no probable cause set forth in the affidavit to support the search of relator's home. The affidavit by the law enforcement officer failed to set forth any facts or circumstances to support a reasonable belief that an offense had been committed at the residence at issue and that evidence or contraband may be found at the residence. See State v. Lumpkin, 2001-1721 (La. App. 1st Cir. 3/28/02), 813 So.2d 640, 644, writ denied, 2002-1124 (La. 9/26/03), 854 So.2d 342. The affidavit gave a description of the residence at issue and indicated that Max James was observed leaving the residence before his arrest for distribution of cocaine. The affidavit did not set forth any allegation that a crime had been committed at relator's residence, any facts to support a belief that a crime had been committed at relator's residence, or that evidence or contraband may be found at relator's residence. Thus, the trial court's ruling denying relator's motion to suppress is reversed, and the matter is remanded to the district court for further proceedings.
JMM
CAC
JTP
COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT
Calloway, J., serving as judge pro tempore of the Court of Appeal, First Circuit, by special appointment of the Louisiana Supreme Court.