City of Baton Rouge VS Brian Parks
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STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT CITY OF BATON ROUGE N0. 2014 KW 0443 VERSUS BRIAN In PARKS Re: MAY Gt R 2Q14 City of 19th Judicial Rouge, BEFORE: all La. No. Rouge, applying District for Court, supervisory writs, Parish of East Baton 11- 13- 0366. PETTIGREW, McDONALD AND McCLENDON, JJ. WRIT of Baton GRANTED. t' of 7/ e Based upon a reasonableness balancing test set forth factors 6/ 00) , 764 in So. 2d 64, State the Jackson, v. city 2000- 0015 established the at suppression hearing the constitutionality of the DWI checkpoint issue in this at writ . Jackson guidelines is de Furthermore, minimus, one deviation from the and does not rise to the level of a constitutional violation of a motorist' s rights which would require suppression 43, 397 ( La . of the evidence 2d gathered during the stop. See State Owens, v. 300, App. denied, writ Moreover, in the Operational Cir. 3/ 13/ 08 ) , ( La . 2008- 0808 6/ 6/ 08 ) , 983 Orders, the task force 977 So. 2d So. 2d 921 . commander' s name was notably not listed as a checkpoint officer nor was there any indication that the commander screened any motorists the at checkpoint . granting defendant' Accordingly, s motion to *he ruling of the city court suppress is reversed, and matter is remanded to city court for further proceedings . ITP JlIl4 PMc COURT OF APPEAL, DEPUTY FOR FIRST CZRCUIT Ci, ERK OF THE COUR OURT this
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