State v. Joyner

I respectfully dissent from the majority’s finding that the motion to suppress the evidence was properly denied. The majority correctly states that when an officer does not have the right to make an investigatory stop, property abandoned or otherwise disposed of cannot be legally seized. State v. Brown, 530 So.2d 650 (La.App. 4th Cir.1988). However, the majority finds that under the totality of the circumstances, the officer was legally justified in making the stop and, as a result, the property abandoned could be legally seized. After reviewing the facts, I disagree with that conclusion.

The…