Legal Opinion

State v. Carter

Louisiana Court of Appeal

Decided September 12, 1995No. 95 00703PublishedCited by 5 opinions

1Opinion of the Court

[Jn granting the motion to suppress, the trial court only looked to whether the relator gave consent to search his automobile; the trial court did not consider whether consent to search was necessary under the facts of this ease. Because we find the facts presented support a warrantless search of the driver’s compartment of the automobile, incident to a valid arrest, New York v. Belton, 453 U.S. 454, 101 S.Ct. 2860, 69 L.Ed.2d 768 (1981), we reverse and set aside the ruling of the trial court.

This traffic stop occurred at approximately 10:06 p.m. A deputy with the Calcasieu Parish Sheriff’s…

2Cases cited11 opinions

  1. Schneckloth v. BustamonteSupreme Court of the United States · 1973
  2. Chimel v. CaliforniaSupreme Court of the United States · 1969
  3. New York v. BeltonSupreme Court of the United States · 1981
  4. State v. NicholasSupreme Court of Louisiana · 1981
  5. State v. WilkensSupreme Court of Louisiana · 1978

6 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. State v. FreemanLouisiana Court of Appeal · 1998
  2. State v. LedayLouisiana Court of Appeal · 2006
  3. State v. ThomasLouisiana Court of Appeal · 2002
  4. State of Louisiana Versus Husam OdehLouisiana Court of Appeal · 2021
  5. State of Louisiana v. David Wayne LedayLouisiana Court of Appeal · 2006

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API