Summary
In State v. Atkins, 02-1963 (La. 7/16/02), 821 So.2d 483, the Louisiana Supreme Court found exigent circumstances existed for a warrantless entrance.
Summary of this case from State v. EvansOpinion
No. 2002-KK-1963
July 16, 2002.
IN RE: State of Louisiana; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Orleans, Criminal District Court Div. K, Nos. 430-694; to the Court of Appeal, Fourth Circuit, No. 2002-K-1343
Granted. The ruling of the trial court suppressing the evidence seized is reversed. The police officers' fears that person(s) in the neighborhood who had observed the detention of Dorsey and Holmes would call to alert defendant to the police presence and that evidence would be destroyed was reasonable under the circumstances and constitute "exigent" circumstances, justifying police entrance into the apartment without the warrant yet being issued.
JPV
CDK
CDT
JTK
JLW
CALOGERO, C.J., would deny the writ.
JOHNSON, J., would deny the writ.