State v. McBarry

ON REMAND FROM THE SUPREME COURT OF LOUISIANA

JiPLOTKIN, Judge.

The defendant, Michael MeBarry applied to this Court for writs to review a ruling by the trial court denying his motion to suppress evidence. Originally, the writs were denied, however, on remand from the Supreme Court, we were ordered to brief, permit argument unless waived1 and render an opinion. The issue is whether or not the police had probable cause to execute an investigatory stop of the defendant and his companion which resulted in the seizure of evidence. We hold that the police did not have probable cause, the writ is…