State Of Louisiana VS James Delario Williams

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STATE OF LOUISIANA COURT OF APPEAL FIRST CIRCUIT STATE OF LOUISIANA NUMBER 2013 KW 0444 VERSUS JAMES In DELARIO Re WILLIAMS APRIL 4 James Delario Williams writs 32nd Terrebonne BEFORE GUIDRY WRIT Judicial No applying District 2013 for supervisory Parish Court of 644517 CRAIN AND THERIOT JJ DENIED WJC MRT Guidry J dissents and would grant the writ application Both the United States Supreme Court and the Louisiana Supreme Court have recognized a true inventory search to be an exception to the warrant requirement The justification an for to the inventory search is ostensibly protect occupant against loss of his property or to protect the law enforcement agency against the occupant claim for failure s to guard against such loss a Because the inventory search is a narrow exception to the requirement of a warrant and the requirement limited justified subterfuge without probable practical it cause must for purposes be strictly which it is An inventory search may not be used as a s rummaging through the arrestee vehicle of warrant for the seizing primary purpose To fall within the inventory exception however for a evidence the of these to State must prove that the impoundment of the s defendant vehicle was necessary and that the inventory of the s vehicle contents was necessary and reasonable in its See State v Griffin 2007 La App lst Cir 0974 scope 08 8 2 984 So 97 2d I find the State has proving there legitimately not borne its heavy burden existed in this instance of an inventory search exception to the warrant requirement and I would reverse the trial court ruling denying the motion s to suppress Lieutenant Blades testimony at the motion to suppress hearing clearly indicates the agents failed to make efforts to determine whether the impoundment of the vehicle could have motivation for s defendant loss been avoided the search was of property or It is to clear that the the protect the agency protect not to against a claim for failure to guard against such a loss In this case the conduct of the agents indicates that the agents did not conduct a true inventory search of the s defendant COUR truck OF AP DEPUTY AL C FOR FIRST CIRCUIT CUV ERK OF THE COURT COURT

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