STATE v. JOHNSON

No. 2001-KK-2436.

806 So.2d 647 (2002)

STATE of Louisiana v. Lyle J. JOHNSON.

Supreme Court of Louisiana.

January 25, 2002.


Attorney(s) appearing for the Case

Richard P. Ieyoub, Attorney General, Harry F. Connick, District Attorney, Paige J. Cline, Valentin M. Solino, New Orleans, Counsel for Applicant.

Anderson Council, Kenner, Counsel for Respondent.


PER CURIAM.

In this prosecution for possession of heroin in violation of La.R.S. 40:966, the trial court granted respondent's motion to suppress the evidence, not on the basis of its own perception of the merits, which it thought were clearly against respondent, but on the basis of its impression that jurisprudentially, "it is a stop when the officers, like in this case, pull up four feet from the defendant who is just standing there, jump out of the car with the...

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