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STATE v. COMMODORE

No. 82-K-0073.

418 So.2d 1330 (1982)

STATE of Louisiana v. Jessie COMMODORE and Darryl Simms.

Supreme Court of Louisiana.

Rehearing Denied September 17, 1982.

Attorney(s) appearing for the Case

William J. Guste, Jr., Atty. Gen., Barbara Rutledge, Asst. Atty. Gen., Harry F. Connick, Dist. Atty., Oliver Johnson, Asst. Dist. Atty., for relator.

Tilden Greenbaum, Martin Regan, Dwight Doskey, Orleans Indigent Defender Program, New Orleans, for respondents.

BLANCHE, Justice.

Defendants, Jessie Commodore and Darryl Simms, were charged by bill of information with possession of Pentazocine in violation of R.S. 40:969. Prior to trial, defendants moved to suppress evidence seized in a search of Commodore's automobile. From a ruling by the trial court sustaining the motion to suppress, the state has applied to this Court. We find that the evidence was seized in a search incident to a lawful arrest based on probable cause,...

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