STATE v. McGARY

No. 80 KA 2205.

397 So.2d 1305 (1981)

STATE of Louisiana v. Warren S. McGARY.

Supreme Court of Louisiana.

Rehearing Denied May 18, 1981.


Attorney(s) appearing for the Case

William J. Guste, Jr., Atty. Gen., Barbara Rutledge, Asst. Atty. Gen., Duncan Kemp, Dist. Atty., Sam Dileo and Abbott J. Reeves, Asst. Dist. Attys., for plaintiff-appellee.

William Brooks, Amite, for defendant-appellant.


PATRICK M. SCHOTT, Justice Ad Hoc.*

Defendant has appealed from the denial of his motion to suppress evidence on the ground that it was obtained in violation of his constitutional right against unreasonable search and seizure. The issue is whether an initial discovery of marijuana in defendant's automobile was properly within the "plain view" exception to the general rule excluding evidence obtained in a warrantless search.

Defendant...

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