State Of Louisiana v. Steven McCarthy
This text of State Of Louisiana v. Steven McCarthy (State Of Louisiana v. Steven McCarthy) 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.
Opinion
STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT
STATE OF LOUISIANA NO. 2020 KW 1206
VERSUS
STEVEN RAY MCCARTHY DECEMBER 30, 2020
In Re: Steven Ray McCarthy, for applying supervisory writs, 21st Judicial District Court, Parish of Livingston, No. 38998.
BEFORE: GUIDRY, McCLENDON, AND LANIER, JJ.
WRIT GRANTED. The district 16, 2020 court' s July ruling denying relator' s motion to suppress is reversed. The state failed to meet its burden of proof, which required the state to present articulable facts to establish that relator' s probation/ parole officer had reasonable suspicion to believe that relator was engaged in or had been engaged in criminal
activity before she and other law enforcement agencies searched his property. See La. Code Crim. P. 895( A)( 13); art. La. R. S. 15: 574. 4. 2. See also State v. Cyre, 2019- 0034 ( La. 1st App. Cir. 12/ 19/ 19), 292 So. 3d 88, 97- 98, denied, writ 2020- 00142 La. 5/ 26/ 20), 296 So. 3d 1063.
JMG WIL
McClendon, J., dissents and would deny the writ application.
COURT OF APPEAL, FIRST CIRCUIT
4 DEPUTY FOR L RK OF COURT THE COURT
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