State v. Everitt

Supreme Court of Louisiana

State v. Everitt

266 So. 2d 716, 263 La. 18, 1972 La. LEXIS 5308

CourtSupreme Court of Louisiana

DecidedSeptember 29, 1972

DocketNo. 52837

StatusPublished

This text of 266 So. 2d 716 (State v. Everitt) 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. Everitt, 266 So. 2d 716, 263 La. 18, 1972 La. LEXIS 5308 (La. 1972).

Pincite

Opinion

Writ denied; we find no abuse of the trial court’s discretion.

BARHAM, J.,

is of the opinion the writ should be granted. The revocation of probation was based solely upon the evidence secured in an admittedly unconstitutional search and seizure. Relator was not allowed to offer evidence of abuse and harassment by police and probation officers preceding this unconstitutional search. I would apply the exclusionary rule to this probation revocation. I believe the harassment evidence was admissible for that determination.

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Writ denied; we find no abuse of the trial court’s discretion.

BARHAM, J.,

is of the opinion the writ should be granted. The revocation of probation was based solely upon the evidence secured in an admittedly unconstitutional search and seizure. Relator was not allowed to offer evidence of abuse and harassment by police and probation officers preceding this unconstitutional search. I would apply the exclusionary rule to this probation revocation. I believe the harassment evidence was admissible for that determination.

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Bluebook (online)

266 So. 2d 716, 263 La. 18, 1972 La. LEXIS 5308, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-everitt-la-1972.