Legal Opinion

State v. Boykins

Supreme Court of Louisiana

Decided April 3, 2013No. 2013-KK-0679Published

1Opinion of the Court

In re State of Louisiana;—Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of Orleans, Criminal District Court Div. K, No. 512-662; to the Court of Appeal, Fourth Circuit, No. 2013-K-0380.

Writ granted. The aroma of burning marijuana emanating from the defendant’s person provided the officers with a sufficient basis to conduct an investigatory stop. See, e.g. State v. Pineda, 11-746 (La.App. 5 Cir. 3/13/12), 90 So.3d 1163, 1169. The officer testified as to the “unique smell” of marijuana and explained that he could smell it from different distances depending on the “grade” of…

2Cases cited2 opinions

  1. Mathes v. SchwingLouisiana Court of Appeal · 1929
  2. State v. PinedaLouisiana Court of Appeal · 2012

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