Legal Opinion

State v. Henderson

Louisiana Court of Appeal

Decided December 16, 1998No. 98-KA-614PublishedCited by 3 opinions

1Opinion of the Court

h GAUDIN, Judge.

This case involves the legality of a traffic stop only because the driver was not wearing a seat belt. We find that the state legislature intended to give police officers the right to make such stops; accordingly, the trial judge’s denial of the defense’s motion to suppress evidence seized after the stop is affirmed. The legislature’s intent is expressed in LSA-R.S. 32:295.1, as amended.

On November 21,1997, Trahan Henderson was driving in Harahan, Louisiana when he was pulled over by a police officer for not having a seat belt on. Henderson was then asked for his driver’s…

2Cases cited3 opinions

  1. Terry v. OhioSupreme Court of the United States · 1968
  2. Green v. Louisiana Underwriters Ins. Co.Supreme Court of Louisiana · 1990
  3. State v. AntoineLouisiana Court of Appeal · 1998

3Cited by3 opinions

  1. State v. BarbierSupreme Court of Louisiana · 1999
  2. Pendleton v. BarrettSupreme Court of Louisiana · 1996
  3. State v. HarmonLouisiana Court of Appeal · 1999

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