STATE v. RAY

No. 16947-KW.

471 So.2d 831 (1985)

STATE of Louisiana, Respondent, v. Lawrence RAY, Applicant.

Court of Appeal of Louisiana, Second Circuit.

June 12, 1985.


Attorney(s) appearing for the Case

John Milkovich, Indigent Defender Office, Shreveport, for applicant.

William J. Guste, Jr., Atty. Gen., Baton Rouge, Paul J. Carmouche, Dist. Atty., Catherine M. Estopinal and John A. Broadwell, Asst. Dist. Attys., Shreveport, for respondent.

Before MARVIN, JASPER E. JONES and SEXTON, JJ.


MARVIN, Judge.

In this prosecution of possession of a Schedule II CDS (Pethidine), LRS 40:967(c), the trial court denied defendant's motion to suppress three small capsules which were seized after being observed in defendant's wallet by police with the aid of a flashlight. We granted defendant's writ application to review the trial court's ruling. We conclude that the capsules were admissible under the plain view exception to the warrant requirement and that the trial...

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