State Of Louisiana v. Raymond Antwan Magee

Louisiana Court of Appeal

State Of Louisiana v. Raymond Antwan Magee

DecidedOctober 8, 2021

Docket2021KW0762

StatusUnknown

This text of State Of Louisiana v. Raymond Antwan Magee (State Of Louisiana v. Raymond Antwan Magee) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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State Of Louisiana v. Raymond Antwan Magee, (La. Ct. App. 2021).

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STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT STATE OF LOUISIANA NO. 2021 KW 0762

VERSUS RAYMOND ANTWAN MAGEE OCTOBER 08, 2021

In Re: State of Louisiana, applying for supervisory writs, 22nd Judicial District Court, Parish of St. Tammany, No. 3583-F-2019.

BEFORE: WHIPPLE, C.J., PENZATO AND HESTER, JJ.

WRIT GRANTED. The trial court's ruling granting the motion to suppress the defendant's cell phone is reversed. "The right of the police to conduct a personal effects inventory search at the time of an arrested person's booking is a recognized exception to the search warrant requirement." La. Code Crim. P. art. 228; State v. Nuccio, 454 So.2d 93, 98 (La. 1984) (citing United States v. Edwards, 415 U.S. 800, 94 S.Ct. 1234, 39 L.Ed.2d 771 (1974)). Furthermore, the supreme court has recognized the right of the police to seize items of evidence, which become exposed during a booking inventory search. State v. Bryant, 325 So.2d 255, 258 (La. 1975). As the defendant had previously been lawfully deprived of possession of the cell phone, and the custody and control of that object was legitimately under the dominion of the police, it was not an unreasonable search and seizure for the police to use it as evidence of another crime. Furthermore, the detective procured a search warrant before searching the contents of the cell phone. See Riley v. California, 573 U.S. 373, 134 S.Ct. 2473, 189 L.Ed.2d 430 (2014). Accordingly, this matter is remanded to the trial court for further proceedings consistent with this ruling. VGW AHP CHH

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STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT STATE OF LOUISIANA NO. 2021 KW 0762

VERSUS RAYMOND ANTWAN MAGEE OCTOBER 08, 2021

In Re: State of Louisiana, applying for supervisory writs, 22nd Judicial District Court, Parish of St. Tammany, No. 3583-F-2019.

BEFORE: WHIPPLE, C.J., PENZATO AND HESTER, JJ.

WRIT GRANTED. The trial court's ruling granting the motion to suppress the defendant's cell phone is reversed. "The right of the police to conduct a personal effects inventory search at the time of an arrested person's booking is a recognized exception to the search warrant requirement." La. Code Crim. P. art. 228; State v. Nuccio, 454 So.2d 93, 98 (La. 1984) (citing United States v. Edwards, 415 U.S. 800, 94 S.Ct. 1234, 39 L.Ed.2d 771 (1974)). Furthermore, the supreme court has recognized the right of the police to seize items of evidence, which become exposed during a booking inventory search. State v. Bryant, 325 So.2d 255, 258 (La. 1975). As the defendant had previously been lawfully deprived of possession of the cell phone, and the custody and control of that object was legitimately under the dominion of the police, it was not an unreasonable search and seizure for the police to use it as evidence of another crime. Furthermore, the detective procured a search warrant before searching the contents of the cell phone. See Riley v. California, 573 U.S. 373, 134 S.Ct. 2473, 189 L.Ed.2d 430 (2014). Accordingly, this matter is remanded to the trial court for further proceedings consistent with this ruling. VGW AHP CHH

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State Of Louisiana v. Raymond Antwan Magee, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-of-louisiana-v-raymond-antwan-magee-lactapp-2021.

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