STATE v. FOGAN

No. 92-K-1895.

609 So.2d 1016 (1992)

STATE of Louisiana v. Bud FOGAN. In re State of Louisiana Applying for Supervisory Writs Directed to: Honorable Calvin Johnson, Judge, Criminal District Court, Parish of Orleans Section "E", No. 353-710.

Court of Appeal of Louisiana, Fourth Circuit.

December 1, 1992.


Attorney(s) appearing for the Case

Harry F. Connick, Dist. Atty., Charmagne Padua, Asst. Dist. Atty., New Orleans, for relator.

Ron Rakosky, New Orleans, for respondent.

Before BARRY, WARD and ARMSTRONG, JJ.


BARRY, Judge.

On December 19, 1991 the defendant was charged with distribution of marijuana. His motion to suppress the evidence was denied, but on a motion to reconsider the motion was granted. The trial court found no probable cause to arrest, thus the search of the house was tainted by the illegal arrest. The State filed for review.

On November 13, 1991 Sgt. Gaudet received information from a Harahan police officer that a confidential informant said the...

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