State v. Hammett

SANDERS, Chief Justice.

The State charged Lewis Hammett with driving while intoxicated, a violation of *127LSA-R.S. 14:98. Defendant filed a motion to suppress “all evidence ... on the grounds that the same came as a result of an illegal arrest.” The trial court granted the motion, declaring two arrest statutes, LSA-C.Cr.P. Arts. 213(3) and 933(4), unconstitutional. Because the court declared a statute unconstitutional, the State appealed to this Court. See LSA-Const. Art. 5, § 5(D).

In his motion, defendant successfully argued that because the police officer did not see him commit the offense, he…