STATE v. BATISTE

No. 83-K-616.

445 So.2d 1323 (1984)

STATE of Louisiana v. Freddie BATISTE.

Court of Appeal of Louisiana, Fifth Circuit.

February 7, 1984.


Attorney(s) appearing for the Case

Pamela J. Bayer, New Orleans, for relator.

William C. Credo, III, Asst. Dist. Atty., Gretna, for the State.

Before BOWES, GAUDIN and DUFRESNE, JJ.


BOWES, Judge.

Appellant Freddie Batiste was convicted of simple possession of marijuana in the 24th Judicial District Court. The conviction was based on evidence contained in two sealed brown envelopes seized by a police officer while Batiste was being treated for a gunshot wound at Charity Hospital in New Orleans.

The envelopes were taken to the police station and opened without benefit of a search warrant.

For the following reasons, we reverse Batiste...

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