State v. Thinh Tran

Supreme Court of Louisiana

State v. Thinh Tran

547 So. 2d 1315, 1989 La. LEXIS 1972, 1989 WL 105996

Supreme Court of Louisiana·Decided September 11, 1989·No. No. 89-KK-2070·Published

Opinion

In re Thinh Tran, applying for supervisory and/or remedial writs, from the Criminal District, Parish of Orleans, Sec. F, No. 333-366, to the Fourth Circuit Court of Appeal No. 89KA-1606.

Granted in part; denied in part. Arrest was illegal because made without probable cause. Out-of-court photographic identification is suppressed as “fruit of the poisonous tree.” See State v. Landry, 414 So.2d 674 (La.1982). Victims may make an in-court identification of defendant. United States v. Crews, 445 U.S. 463, 100 S.Ct. [1316]*13161244, 63 L.Ed.2d 537 (1980). Case remanded to the district court for further proceedings.

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In re Thinh Tran, applying for supervisory and/or remedial writs, from the Criminal District, Parish of Orleans, Sec. F, No. 333-366, to the Fourth Circuit Court of Appeal No. 89KA-1606.

Granted in part; denied in part. Arrest was illegal because made without probable cause. Out-of-court photographic identification is suppressed as “fruit of the poisonous tree.” See State v. Landry, 414 So.2d 674 (La.1982). Victims may make an in-court identification of defendant. United States v. Crews, 445 U.S. 463, 100 S.Ct. [1316]*13161244, 63 L.Ed.2d 537 (1980). Case remanded to the district court for further proceedings.

State v. Thinh Tran, 547 So. 2d 1315, 1989 La. LEXIS 1972, 1989 WL 105996 (La. 1989).

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