STATE v. JEFFERSON

No. 28142-KW.

661 So.2d 518 (1995)

STATE of Louisiana, Plaintiff-Appellant, v. Jamiel JEFFERSON, Defendant-Appellee.

Court of Appeal of Louisiana, Second Circuit.

August 30, 1995.


Attorney(s) appearing for the Case

Paul Joseph Carmouche, District Attorney, Donald Edgar Hathaway, Jr., Assistant District Attorney, Shreveport, for appellant.

Jamiel Jefferson, in pro. per.

Before SEXTON, LINDSAY and BROWN, JJ.


WRIT GRANTED AND MADE PEREMPTORY. Following a seizure of marijuana found in defendant's possession during a pat down search conducted "for officers' safety," the state presented a "48-hour affidavit" to the trial court for a determination under LSA-C.Cr.P. Art. 230.2 of whether there was probable cause to continue defendant in custody. The court declined to find probable cause, apparently ruling that the underlying seizure was not based on probable cause to search.

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