Brown v. State ex rel. Department of Public Safety, Division of Louisiana State Police

I respectfully dissent and disagree with the holding of the majority that La.R.S. 15:31 is unconstitutional to the extent that it authorizes and compels the confiscation and destruction, without judicial proceedings, of those items defined as “gambling devices.”

The majority admits the suppression of gambling is laudable, but concludes it should be restricted only where a device is being used for gambling. I find the majority’s reliance on State v. 1971 Green GMC Van, 354 So.2d 479 (La.1977), to be misplaced.

In State v. Ricks, 215 La. 602, 41 So.2d 232 (1949), Act 231 of 1928, the predecessor…