Opinion
2024 KW 1180
12-30-2024
STATE OF LOUISIANA v. ZACHARY KEYEN THOMAS
In Re: Zachary Keyen Thomas, applying for supervisory writs, 32nd Judicial District Court, Parish of Terrebonne, No. 858376.
BEFORE: McCLENDON, WELCH, AND LANIER, JJ.
WRIT DENIED.
PMc
WIL
Welch J., dissents and would grant the writ application. The Fourth Amendment to the United States Constitution and La. Const, art. I, § 5 requires more than plain smell of marijuana by a police officer driving in a vehicle with his windows down on May 29, 2023 at 2:00 a.m. Furthermore, this case is distinguishable from State v. Barnett, 2024-69 (La.App. 5th Cir. 10/30/24), 2024 WL 4613047, *7 (finding that "based on the plain smell of marijuana, the detectives had sufficient grounds to search defendant's residence." Noting that "[a]t the time of defendant's arrest [in August of 2018], the plain-smell exception was an extension of the plain-view exception)", where the detectives were lawfully positioned on defendant's porch while conducting a knock and talk and smelled the odor of marijuana emanating from defendant's home.