State Of Louisiana v. Antonio Gibson

Opinion

STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT

STATE OF LOUISIANA NO. 2021 KW 0814

VERSUS

ANTONIO GIBSON OCTOBER 18, 2021

In Re: State of Louisiana, applying for supervisory writs,

19th Judicial District Court, Parish of East Baton Rouge, No. DC - 20- 04784.

BEFORE: ZANIER, WOLFE, AND BURRIS," JJ.

WRIT GRANTED. The officer, upon effecting the traffic

stop, had the authority to defendant' s door, open the as as well

order the defendant out of the vehicle, particularly in light of the reasonable suspicion obtained by the lack of any identifying paperwork or information about the vehicle the defendant was

driving. See State v. Cure, 2011- 2238 ( La. 7/ 2/ 12), 93 So. 3d 1268 ( per curiam), cert. denied, 568 U. S. 988, 133 S. Ct. 549, 184 L. Ed. 2d 357 ( 2012). Upon learning that the defendant did not have insurance or a driver' s license, the officer had the

authority to arrest the defendant and have the vehicle towed. See State v. Sherman, 2005- 0779 ( La. 4/ 4/ 06), 931 So. 2d 286, 291. Accordingly, pursuant to the plain view doctrine, the officer lawfully seized the gun. See Horton v. California, 496 U. S. 128, 110 S. Ct. 2301, 110 L. Ed. 2d 112 ( 1990). The methamphetamine in the defendant' s bag was seized pursuant to a valid search incident to arrest. See Rawlings v. Kentucky, 448 U. S. 98, 111, 100 S. Ct. 2556, 2564, 65 L. Ed. 2d 633 ( 1980). See also State v. Surtain, 2009- 1835 ( La. 3/ 16/ 10), 31 So. 3d 1037, 1044- 47. The trial court' s ruling is reversed, and the matter is remanded for further proceedings.

WIL EW WJB

COURT OF APPEAL, FIRST CIRCUIT

4DEPUTLYIE FOR THE K OF

COURT

COURT

1 Judge William J. Burris, retired, serving pro tempore by special appointment of the Louisiana Supreme Court.