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State v. McBride

Supreme Court of Louisiana
Jul 26, 1978
360 So. 2d 883 (La. 1978)

Opinion

No. 62740.

July 26, 1978.

In re: State of Louisiana through Harry F. Connick, District Attorney, applying for writs of certiorari, prohibition, mandamus and stay order. Parish of Orleans.


Writ granted. Upon the showing that the witnesses did not have available advice of counsel at the time, the order of the Criminal District Court, Parish of Orleans, Section D, holding Police Officer Rhett Magnon and Police Officer Donald Curole in contempt of court, is set aside, without prejudice to the trial court's right to conduct an in camera hearing at which the police officers could be required, after advice by counsel, to respond. In lieu thereof, the trial judge may order the prosecutor to divulge in camera the name of the confidential informant described in the application for the search warrant, or he may sustain the motion to suppress the evidence upon the prosecutor's failure to do so. Under the present circumstances, the state may acquiesce in suppression of the evidence rather than divulge the name of the informant.

SANDERS, C. J. and MARCUS, J., would grant the writ and place the case on the docket for argument. In the present case, there appear to be no exceptional circumstances requiring the disclosure of the name of the confidential informant.


Summaries of

State v. McBride

Supreme Court of Louisiana
Jul 26, 1978
360 So. 2d 883 (La. 1978)
Case details for

State v. McBride

Case Details

Full title:STATE OF LOUISIANA v. ALVIN McBRIDE

Court:Supreme Court of Louisiana

Date published: Jul 26, 1978

Citations

360 So. 2d 883 (La. 1978)