Legal Opinion · Dissent

State v. Broussard

Louisiana Court of Appeal

Decided October 4, 2000No. 99-KA-2848Published

1Dissent

hBYRNES, J.,

Dissents with Reasons.

I respectfully dissent based on my conclusion that the trial court properly denied *1262the defendant, Paul Broussard’s motion to suppress.

To detain an individual or a motorist, reasonable suspicion of criminal activity is required. State v. Shaw, 31,786 (La.App. 2 Cir. 3/31/99), 736 So.2d 951. A law enforcement officer may stop a person in a public place whom he reasonably believes is committing, has committed, or is about to commit an offense. La. C.Cr.P. Art. 215.1. “Reasonable suspicion” for an investigatory stop is something less than the probable cause…

2Cases cited26 opinions

  1. Terry v. OhioSupreme Court of the United States · 1968
  2. United States v. CortezSupreme Court of the United States · 1981
  3. United States v. SokolowSupreme Court of the United States · 1989
  4. California v. Hodari D.Supreme Court of the United States · 1991
  5. Minnesota v. DickersonSupreme Court of the United States · 1993

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