STATE v. MASSEY

No. 88 K 0772.

529 So.2d 139 (1988)

STATE of Louisiana v. Brian MASSEY.

Court of Appeal of Louisiana, Fourth Circuit.

July 12, 1988.


Attorney(s) appearing for the Case

Harry F. Connick, Dist. Atty., Clint Williamson, Asst. Dist. Atty., New Orleans, for State.

Jeffrey Smith, Orleans Indigent Defender Program, New Orleans, for defendant.

Before BARRY, CIACCIO and PLOTKIN, JJ.


PLOTKIN, Judge.

The defendant, Brian Massey, is charged with possession of cocaine. The trial court granted his motion to suppress the evidence on the grounds that there was insufficient evidence or suspicion to execute an investigatory stop authorized by C.Cr.P. Art. 215.1. Therefore, the subsequent abandonment by the defendant of the contraband, prior to arrest, constituted an illegal seizure. The state seeks a writ to reverse this judgment.

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