State v. Bolden

Supreme Court of Louisiana

State v. Bolden

905 So. 2d 1085, 2005 La. LEXIS 2288, 2005 WL 1800755

CourtSupreme Court of Louisiana

DecidedJuly 18, 2005

DocketNo. 2005-KK-1841

StatusPublished

This text of 905 So. 2d 1085 (State v. Bolden) is published on Counsel Stack Legal Research, covering Supreme Court of Louisiana 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 v. Bolden, 905 So. 2d 1085, 2005 La. LEXIS 2288, 2005 WL 1800755 (La. 2005).

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Opinion

In re State of Louisiana; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Jefferson, 24th Judicial District Court Div. I, No. 03-6117; to the Court of Appeal, Fifth Circuit, No. 05-K-611.

Writ granted. Judgment of the trial court granting the motion to suppress evidence is vacated and set aside. Case remanded to the trial court for an evidentia-ry hearing and determination whether the [1086]*1086police officers did or did not knock and announce prior to execution of the search warrant and, if not, whether the unannounced search was reasonable in view of any law enforcement interests that may have been present at the time. See State v. Thompson, 96-2052 (La.11/15/96), 682 So.2d 745; Wilson v. Arkansas, 514 U.S. 927, 115 S.Ct. 1914, 131 L.Ed.2d 976 (1995).

JOHNSON, J., would deny the writ.

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In re State of Louisiana; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Jefferson, 24th Judicial District Court Div. I, No. 03-6117; to the Court of Appeal, Fifth Circuit, No. 05-K-611.

Writ granted. Judgment of the trial court granting the motion to suppress evidence is vacated and set aside. Case remanded to the trial court for an evidentia-ry hearing and determination whether the [1086]*1086police officers did or did not knock and announce prior to execution of the search warrant and, if not, whether the unannounced search was reasonable in view of any law enforcement interests that may have been present at the time. See State v. Thompson, 96-2052 (La.11/15/96), 682 So.2d 745; Wilson v. Arkansas, 514 U.S. 927, 115 S.Ct. 1914, 131 L.Ed.2d 976 (1995).

JOHNSON, J., would deny the writ.

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905 So. 2d 1085, 2005 La. LEXIS 2288, 2005 WL 1800755, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-bolden-la-2005.

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