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STATE v. TOLLIVER

No. 89-KA-585.

556 So.2d 166 (1990)

STATE of Louisiana v. Marvin D. TOLLIVER.

Court of Appeal of Louisiana, Fifth Circuit.

January 17, 1990.

Attorney(s) appearing for the Case

James C. Lawrence, New Orleans, for appellant.

John M. Mamoulides, Dist. Atty., Ronald Gracianette, Dorothy A. Pendergast, Asst. Dist. Attys. (Louise Korns, of counsel, Office of the Dist. Atty.), Gretna, for appellee.

Before CHEHARDY, GRISBAUM and DUFRESNE, JJ.

CHEHARDY, Chief Judge.

Marvin Tolliver was charged with one count of possession of five grams of crack cocaine, under LSA-R.S. 40:967. Initially he pleaded not guilty to the charge and filed a motion to suppress evidence of the seized drug on the basis that it was unlawfully obtained without a search warrant and without probable cause. After hearing the district court denied Tolliver's motion to suppress, reasoning that the cocaine was inadvertently discovered in...

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