State v. Commodore

Supreme Court of Louisiana

State v. Commodore

483 So. 2d 1003, 1986 La. LEXIS 8124

CourtSupreme Court of Louisiana

DecidedFebruary 28, 1986

DocketNo. 82-K-0073

StatusPublished

This text of 483 So. 2d 1003 (State v. Commodore) 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. Commodore, 483 So. 2d 1003, 1986 La. LEXIS 8124 (La. 1986).

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Opinion

DENNIS, Justice,

concurring.

I respectfully concur.

[1004]*1004I disagree with the majority s conclusion that an arrest had been effected prior to the search of the defendants’ vehicle. An arrest is effected when there are “circumstances indicating an intent to effect an extended restraint on the liberty of the accused.”

However, the majority correctly held that the search did not violate the Fourth Amendment to the U.S. Constitution because the automobile exception to the warrant requirement applies. Carroll v. United States, 267 U.S. 132, 158, 45 S.Ct. 280, 287, 69 L.Ed. 453 (1925); see also Chambers v. Maroney, 399 U.S. 42, 90 S.Ct. 1975, 26 L.Ed.2d 419 (1970).

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DENNIS, Justice,

concurring.

I respectfully concur.

[1004]*1004I disagree with the majority s conclusion that an arrest had been effected prior to the search of the defendants’ vehicle. An arrest is effected when there are “circumstances indicating an intent to effect an extended restraint on the liberty of the accused.”

However, the majority correctly held that the search did not violate the Fourth Amendment to the U.S. Constitution because the automobile exception to the warrant requirement applies. Carroll v. United States, 267 U.S. 132, 158, 45 S.Ct. 280, 287, 69 L.Ed. 453 (1925); see also Chambers v. Maroney, 399 U.S. 42, 90 S.Ct. 1975, 26 L.Ed.2d 419 (1970).

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Bluebook (online)

483 So. 2d 1003, 1986 La. LEXIS 8124, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-commodore-la-1986.

Opinion

I respectfully concur.

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