STATE OF LOUISIANA Vs. ROBERT A. FONTAINE
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STATE OF LOUISIANA * NO. 2001-KA-1291 VERSUS * COURT OF APPEAL ROBERT A. FONTAINE * FOURTH CIRCUIT * STATE OF LOUISIANA * * ******* GORBATY, J., DISSENTS, WITH REASONS. I do not find State v. Finne, 92-2555 (La.App. 4 Cir. 2/11/94), 632 So.2d 819, applicable to the facts of this case. In Finne, the defendant was seen entering and leaving a residence, which police believed to be a drug outlet. In the instant case, the officers observed Mr. Fontaine entering and leaving an apartment complex. The officers did not testify that they observed him enter any one apartment, nor did they testify that drug activity was believed to be ongoing in every apartment in the complex. Thus, I do not believe reasonable suspicion existed for the stop. Accordingly, I would reverse the trial court, and grant the motion to suppress.
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