State Of Louisiana v. Jmarlo Jonte Lee

Opinion

STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT

STATE OF LOUISIANA NO. 2022 KW 0355

VERSUS

JMARLO JONTE LEE JUNE 21, 2022

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

19th Judicial District Court, Parish of East Baton

Rouge, No. DC - 21- 04841.

BEFORE: WHIPPLE, C. J., GUIDRY AND WOLFE, JJ.

WRIT DENIED.

JMG

EW

Whipple, C. J., dissents and would grant the writ. The

Fourth Amendment permits a" protective sweep," i. e., a quick and

limited search of premises, incident to an arrest and conducted

to protect the safety of police officers or others, if the

searching officer possesses a reasonable belief based on

specific and articulable facts which, taken together with the rational inferences from those facts, warrants the officer in

believing that the area swept harbors an individual posing a

danger to the officer or others. Maryland v. Buie, 494 U. S. 325, 327, 110 S. Ct. 1093, 1094- 95, 108 L. Ed. 2d 276 ( 1990). An

in- home protective sweep may occur after the suspect is arrested. State v. Fenn, 45, 660 & 45, 661 ( La. App. 2d Cir. 5/ 20/ 10), 41 So. 3d 544, 545. In the instant case, while

executing an active arrest warrant for the defendant, Louisiana

State Troopers detained him less than ten feet from the door of

the residence and conducted a protective sweep of the residence

to protect their safety and the safety of others.

COURT OF APPEAL, FIRST CIRCUIT

DEPUTY CLERK OF COURT FOR THE COURT