STATE v. CLARK

No. K83-1147.

454 So.2d 232 (1984)

STATE of Louisiana, Relator, v. Earl CLARK, Jr. and Bret K. Verrett, Respondents.

Court of Appeal of Louisiana, Third Circuit.

Writ Denied September 20, 1984.


Attorney(s) appearing for the Case

Edwin O. Ware, Dist. Atty., G. Earl Humphries, III, Asst. Dist. Atty., Alexandria, for defendant-relator.

Michelle Fournet, Small, Williamson & Brocato, Alexandria, for plaintiffs-respondents.

Before CUTRER, DOUCET and YELVERTON, JJ.


YELVERTON, Judge.

The issue in this case is whether a motion to suppress evidence seized by a private citizen in a prosecution for misdemeanor offenses was properly granted under the exclusionary rule. We hold that the motion was improperly granted.

The facts are: On the evening of August 16, 1983, Earl Ashmore heard several gunshots fired in an area near the site of his partially completed home on which he was working near the community of Glenmora in Rapides...

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