STATE v. MORGAN

No. K 1457.

445 So.2d 50 (1984)

STATE of Louisiana v. Carlin MORGAN.

Court of Appeal of Louisiana, Fourth Circuit.

Writ Denied March 9, 1984.


Attorney(s) appearing for the Case

Harry F. Connick, Dist. Atty., Nancy Sharpe, Asst. Dist. Atty., Timothy M. Warner, Student Practitioner, New Orleans, for the State.

William Noland, Gary W. Bizal, New Orleans, for Carlin Morgan.

Before SCHOTT, CIACCIO and WARD, JJ.


CIACCIO, Judge.

Upon application of the State, we granted certiorari to review a ruling of the district court which granted defendant's motion to suppress evidence, viz, a gun, seized from defendant's person pursuant to a warrantless search.

The facts are uncontroverted. Defendant was driving a motorcycle and attracted the attention of the police because he was "lagging behind" traffic. The police noticed that defendant would not pass the patrol car although...

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