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STATE v. HARMON

No. 32,659-KW.

754 So.2d 986 (1999)

STATE of Louisiana, Appellee, v. David Marshall HARMON, Jr., Appellant.

Court of Appeal of Louisiana, Second Circuit.

Writ Denied October 1, 1999.

Attorney(s) appearing for the Case

Richard C. Goorley, Shreveport, Counsel for Appellant.

Richard Ieyoub, Attorney General, Paul J. Carmouche, District Attorney, Edward Brossette, Asst. Dist. Atty., Counsel for Appellee.

Before NORRIS, BROWN, and PEATROSS, JJ.

WRIT GRANTED, PEREMPTORILY REVERSED AND REMANDED.

An individual may be stopped and ticketed for failure to wear a seat belt. La. R.S. 32:295.1. However, that alone does not suffice for further inspection, detention or search. La. R.S. 32:295.1(F). In this case the officer detected a strong odor of alcohol which justified the field sobriety test and arrest for 3rd offense DWI.

The trial court's grant of defendant's motion to suppress is...

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