Opinion
2022 KW 0485
07-18-2022
STATE OF LOUISIANA v. JAMES O'NEAL WASHINGTON
James O'Neal Washington, applying for supervisory writs, 22nd Judicial District Court, Parish of Washington, No. 20-CR5-144509.
BEFORE: HOLDRIDGE, PENZATO, AND LANIER, JJ.
STAY DENIED. WRIT GRANTED. The trial court's ruling denying relator's motion to suppress is reversed. The search of the cigarette pack located inside relator's pocket, which led to the discovery of illegal narcotics, exceeded the permissible scope of the pat-down sanctioned by Terry v. Ohio, 392 U.S. 1, 88 S.Ct. 1868, 20 L.Ed.2d 889 (1968). See State v. Lagarde, 2000-1238 (La. 2/9/01), 778 So.2d 585; see generally State v. Foss, 2017-0744 (La. 10/16/17), 226 So.3d 1115, 1116, ("The trial court correctly determined that the contraband-which was seized from the inside of a cigarette pack recovered during the Terry pat down-is not admissible pursuant to the "plain feel" exception to the warrant requirement.") Accordingly, the trial court erred by denying the motion to suppress the evidence recovered from the cigarette pack, and this matter is remanded to the trial court for further proceedings.
GH
AHP
WIL