State v. Clayborne

Supreme Court of Louisiana

State v. Clayborne

63 So. 3d 1026, 2011 La. LEXIS 1671

CourtSupreme Court of Louisiana

DecidedJune 9, 2011

DocketNo. 2011-KK-1199

StatusPublished

This text of 63 So. 3d 1026 (State v. Clayborne) 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.

Bluebook

State v. Clayborne, 63 So. 3d 1026, 2011 La. LEXIS 1671 (La. 2011).

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Opinion

In re State of Louisiana; —Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of Orleans, Criminal District Court Div. K, No. 504-131; to the Court of Appeal, Fourth Circuit, No. 2011-K-0494.

Writ granted. The rulings of the lower courts are reversed and set aside. The police officers had the right to engage the defendant in conversation. The defendant voluntarily spit the contraband out of his mouth and at that point there was probable cause for arrest. The motion to suppress is denied, and the case is vacated for further proceedings.

WEIMER, J., would grant the stay and order an opposition.

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In re State of Louisiana; —Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of Orleans, Criminal District Court Div. K, No. 504-131; to the Court of Appeal, Fourth Circuit, No. 2011-K-0494.

Writ granted. The rulings of the lower courts are reversed and set aside. The police officers had the right to engage the defendant in conversation. The defendant voluntarily spit the contraband out of his mouth and at that point there was probable cause for arrest. The motion to suppress is denied, and the case is vacated for further proceedings.

WEIMER, J., would grant the stay and order an opposition.

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Bluebook (online)

63 So. 3d 1026, 2011 La. LEXIS 1671, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-clayborne-la-2011.