State Of Louisiana VS Raymond Antwan Magee
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STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT NO. 2021 KW 0762 STATE OF LOUISIANA VERSUS OCTOBER 08, 2021 RAYMOND ANTWAN MAGEE for supervisory writs, Parish of St. Tammany, In Re: State of Louisiana, applying 22nd Judicial District Court, No. 3583-F-2019. BEFORE: WHIPPLE, C.J., PENZATO AND HESTER, JJ. WRIT GRANTED. The trial court's ruling granting the motion to suppress the defendant's cell phone is reversed. "The right of the police to conduct a personal effects inventory search at the time of an arrested person's booking is a recognized exception to the search warrant requirement." La. Code Crim. P. art. 228; State v. Nuccio, 454 So.2d 93, 98 (La. 1984) (citing United States v. Edwards, 415 U.S. 800, 94 S.Ct. 1234, 39 L.Ed.2d 771 (1974)). Furthermore, the supreme court has recognized the right of the police to seize items of evidence, which become exposed during a booking inventory search. State v. Bryant, 325 So.2d 255, 258 (La. 1975). As the defendant had previously been lawfully deprived of possession of the cell phone, and the custody and control of that object was legitimately under the dominion of the police, it was not an unreasonable search and seizure for the police to use it as evidence of another crime. Furthermore, the detective procured a search warrant before searching the contents of the cell phone. See Riley v. California, 573 U.S. 373, 134 S.Ct. 2473, 189 L.Ed.2d 430 (2014). Accordingly, this matter is remanded to the trial court for further proceedings consistent with this ruling. VGW AHP CHH COURT OF APPEAL, FIRST CIRCUIT COURT FOR THE COURT
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