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STATE v. PITTMAN

No. 80-K-2400.

397 So.2d 1297 (1981)

STATE of Louisiana v. Jerry B. PITTMAN.

Supreme Court of Louisiana.

Rehearing Denied May 18, 1981.

Attorney(s) appearing for the Case

Frank Gremillion, Baton Rouge, for defendant-relator.

William J. Guste, Jr., Atty. Gen., Barbara Rutledge, Asst. Atty. Gen., Samuel C. Cashio, Dist. Atty., Jack T. Marionneaux & Houston C. Gascon, III, Plaquemine, for plaintiff-respondent.

DENNIS, Justice.*

We granted defendant's pre-trial application for writs to determine whether his arrest and seizure of evidence incident thereto were invalid under the recent holding of the Supreme Court in Payton v. New York, 445 U.S. 573, 100 S.Ct. 1371, 63 L.Ed.2d 639 (1980). In that case, the high court held:

"It is a `basic principle of Fourth Amendment Law' that searches and seizures...

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