State v. McClellan

Supreme Court of Louisiana

State v. McClellan

206 So. 3d 873, 2017 La. LEXIS 76

Supreme Court of Louisiana·Decided January 13, 2017·No. NO. 2Q16-KK-1592·Published

Opinion

PER CURIAM

11 Writ Granted. The ruling of the district court suppressing statements made by the defendant and seized evidence is reversed. The district court erred in ruling that, during the routine vehicular investí-[874] gatory stop, the defendant was under custodial interrogation. Further, the district court erred in ruling that the search of the vehicle—that the defendant consented to— was a violation of the defendant’s Fourth Amendment rights. The matter is remanded to the district court for further proceedings consistent with this order.

JOHNSON, C.J. deny. GENOVESE, J., would deny.

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PER CURIAM

11 Writ Granted. The ruling of the district court suppressing statements made by the defendant and seized evidence is reversed. The district court erred in ruling that, during the routine vehicular investí-[874] gatory stop, the defendant was under custodial interrogation. Further, the district court erred in ruling that the search of the vehicle—that the defendant consented to— was a violation of the defendant’s Fourth Amendment rights. The matter is remanded to the district court for further proceedings consistent with this order.

JOHNSON, C.J. deny. GENOVESE, J., would deny.

State v. McClellan, 206 So. 3d 873, 2017 La. LEXIS 76 (La. 2017).

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