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STATE v. KELLEY

No. 2005-KA-0332.

909 So.2d 1018 (2005)

STATE of Louisiana v. Matthew KELLEY.

Court of Appeal of Louisiana, Fourth Circuit.

June 29, 2005.

Attorney(s) appearing for the Case

Eddie J. Jordan, Jr., District Attorney, Meri M. Hartley, Assistant District Attorney, New Orleans, LA, for Plaintiff/Appellee.

Christopher A. Aberle, Louisiana Appellate Project, Mandeville, LA, for Defendant/Appellant.

(Court composed of Judge CHARLES R. JONES, Judge DENNIS R. BAGNERIS SR., and Judge LEON A. CANNIZZARO JR.).

CHARLES R. JONES, Judge.

This appeal concerns a seizure of evidence. The defendant in this case, Matthew Kelley, filed this appeal as a result of the district court's decision denying his motion to suppress. For the following reasons we REVERSE.

STATEMENT OF FACTS

On June 7, 2004, Officer Randy Garrison received a complaint that there was a man slumped over the steering wheel of a car in the 3300 block of Upperline Street. When he and his partner...

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