Legal Opinion · Dissent

State v. Wells

Supreme Court of Louisiana

Decided July 6, 2010No. 2008-K-2262Published

1DissentJohnson, J.

hi would affirm the decision of the court of appeal. I disagree with the majority opinion finding that the court of appeal erred in reversing the trial court’s denial of defendant’s motion to suppress.

At issue is whether there was probable cause to arrest the defendant pursuant to New Orleans Municipal Code § 54-405. This ordinance provides:

It is unlawful for any person to appear in a public place manifestly under the influence of alcohol, narcotics or other drugs, not therapeutically administered, to the degree that he may endanger himself or other persons of property.

This Court has…

2Cases cited8 opinions

  1. Ornelas v. United StatesSupreme Court of the United States · 1996
  2. Cole v. MurrayLouisiana Court of Appeal · 1927
  3. State v. WilsonSupreme Court of Louisiana · 1985
  4. State v. ParkerSupreme Court of Louisiana · 2006
  5. State v. ElliotSupreme Court of Louisiana · 1981

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