State v. Harmon

| ¶ NORRIS, J,

dissenting.

I dissent. La. R.S. 32:295.1 F states: “No vehicle, the contents of the vehicle, driver, or passenger in a vehicle shall be inspected, detained, or searched solely because of a violation of this Section.” In other words, a seat belt violation does not justify a stop and search. The evidence arising from this illegal search was properly suppressed by the District Court.

Admittedly, a 1995 amendment to this subsection was promoted as an effort to make the failure to wear a seat belt a “primary offense.” La. Acts 1995, No. 643. The result of this amendment — quoted above…