STATE v. DAVIS

No. 61420.

359 So.2d 986 (1978)

STATE of Louisiana v. Alton M. DAVIS.

Supreme Court of Louisiana.

June 19, 1978.


Attorney(s) appearing for the Case

Harold Douglas, New Orleans, for defendant-appellant.

William J. Guste, Jr., Atty. Gen., Barbara Rutledge, Asst. Atty. Gen., Harry F. Connick, Dist. Atty., Joseph E. Roberts, Asst. Dist. Atty., for plaintiff-appellee.


DENNIS, Justice.

This case raises the question of whether a policeman has the right to stop a citizen for questioning merely because he is smoking a hand-rolled cigarette. We answer the question in the negative and reverse the judgment of the trial court for the reasons hereinafter assigned.

The defendant was charged with possession with intent to distribute heroin in violation of La.R.S. 40:966. After a trial by a judge he was found guilty of possession of...

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