State v. Hamilton
Supreme Court of Louisiana
1Opinion of the Court
*211CIACCIO, J *
[ ,We granted certiorari to determine whether evidence abandoned by defendant during his encounter with Orleans Parish Police Officers Thomas Clark and Alex Brady was the result of an unconstitutional seizure. For the reasons discussed herein, we conclude that the officers’ encounter with the defendant was voluntary, and Officer Brady’s instruction for the defendant to remove his hands from his pockets did not give rise to a seizure of the defendant. Therefore, we find the evidence was lawfully seized and can be used against defendant in prosecution.
FACTS AND PROCEDURAL HISTORY
On…
Also in this document: Dissent.
2Cases cited16 opinions
- Terry v. OhioSupreme Court of the United States · 1968
- Florida v. RoyerSupreme Court of the United States · 1983
- California v. Hodari D.Supreme Court of the United States · 1991
- State v. BeltonSupreme Court of Louisiana · 1983
- State v. TuckerSupreme Court of Louisiana · 1993
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3Cited by17 opinions
- State v. FrancisLouisiana Court of Appeal · 2011
- State v. FieldsLouisiana Court of Appeal · 2014
- State v. ShernOhio Court of Appeals · 2018
- State v. UlmerLouisiana Court of Appeal · 2013
- United States v. Amin De CastroCourt of Appeals for the Third Circuit · 2018
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