STATE OF LOUISIANA Vs. NATHANIEL FOURNETTE AND ALLEN A. ROBICHAUX
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STATE OF LOUISIANA * NO. 2008-KA-0254 VERSUS * COURT OF APPEAL NATHANIEL FOURNETTE AND ALLEN A. ROBICHAUX * FOURTH CIRCUIT * STATE OF LOUISIANA * * ******* LOMBARD, J., CONCURS WITH REASONS The expectation of privacy pertaining to commercial property differs significantly from the sanctity accorded to an individual’s home, Donovan v. Dewey, 452 So.2d U.S. 594 (1981), and, in any event, the Louisiana Supreme Court held that observations by a police officer who walks up and looks into the front door of a residence does not violate the Fourth Amendment prohibition against illegal search and seizure. State v. Deary, 1999-0627, p. 2 (La. 1/28/00), 753 So.2d 200. Thus, although the subsequent decision of the police to illegally enter the building rather than obtaining a search warrant is problematic, in light of the inevitable discovery doctrine I cannot find that the trial court abused its great discretion in denying the defendants’ motion to suppress. See also State v. James, 2007-1103, p. 17 (La. App. 4 Cir. 3/12/08), 980 So.2d 769, 779 (Belsome, J., concurrence).
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