State v. McClellan

Supreme Court of Louisiana

State v. McClellan

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

CourtSupreme Court of Louisiana

DecidedJanuary 13, 2017

DocketNO. 2Q16-KK-1592

StatusPublished

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

Pincite

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]*874gatory 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]*874gatory 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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Bluebook (online)

206 So. 3d 873, 2017 La. LEXIS 76, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-mcclellan-la-2017.