State of Louisiana v. Zachariah Lastrapes

Opinion

STATE OF LOUISIANA

COURT OF APPEAL, THIRD CIRCUIT P.O. Box 16577 Lake Charles LA 70616

(337) 433-9403

NOT DESIGNATED FOR PUBLICATION Harold D. Register, III Attorney at Law 216 Rue Louis XIV Lafayette LA 70508

REHEARING ACTION: May 11, 2016

Docket Number: 15 00865-KW

STATE OF LOUISIANA VERSUS ZACHARIAH LASTRAPES

Writ Application from Lafayette Parish Case No. CR 150955

BEFORE JUDGES:

Hon. Sylvia R. Cooks Hon. Billy Howard Ezell Hon. John E. Conery

As counsel of record in the captioned case, you are hereby notified that the ruling for

the application for rehearing filed by Zachariah Lastrapes is:

REHEARING GRANTED: Rehearing in this matter is granted for the limited purpose of deleting from the original ruling: “Pretextual stops are not prohibited. Whren v. U.S., 517 U.S. 806, 116 S.Ct. 1769 (1996); State v. Sherman, 05-779 (La. 4/4/06), 931 So.2d 286.”

For a traffic stop to be justified at its inception, an officer must have an objectively reasonable suspicion that some sort of illegal activity occurred or is about to occur before stopping the vehicle. A traffic stop supported by probable cause does not violate the Fourth Amendment regardless of the officer’s actual motivations. See Florida v. Jardines, __ U.S. __, 133 S.Ct. 1409 (2013); Brendlin v. California, 551 U.S. 249, 127 S.Ct. 2400 (2007); Arkansas v. Sullivan, 532 U.S. 769, 121 S.Ct. 1876 (2001); Parker v. Town of Woodworth, 14-943 (La.App. 3 Cir. 3/4/15), 160 So.3d 1113, writ denied, 15-659 (La. 5/22/15), 171 So.3d 254.

The original opinion of this court as amended in this rehearing is affirmed in all respects.

Ezell, J., dissents and would deny the rehearing.

cc: Keith A. Stutes, Counsel for the Applicant Celeste C. White, Counsel for the Applicant