STATE v. ANDERSON

No. 64210.

377 So.2d 837 (1979)

STATE of Louisiana v. Cary ANDERSON.

Supreme Court of Louisiana.

Dissenting Opinion January 4, 1980.


Attorney(s) appearing for the Case

Stephen K. Peters, Baton Rouge, for defendant-appellant.

William J. Guste, Jr., Atty. Gen., Barbara Rutledge, Asst. Atty. Gen., Ossie B. Brown, Dist. Atty., Kay Kirkpatrick, Asst. Dist. Atty., for plaintiff-appellee.


TATE, Justice.

The defendant was convicted of possession of heroin, La.R.S. 40:966(C), and sentenced to four years imprisonment at hard labor. Upon his appeal, he urges that the drug was found in the glove compartment of his car as the result of an illegal and warrantless search, and that the trial court incorrectly denied his motion to suppress the evidence.

We find merit to this contention and reverse.

The state attempts to justify the warrantless...

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