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STATE v. BROWN

No. 45,138-KW.

33 So.3d 894 (2009)

STATE of Louisiana, Appellant, v. Ronnie BROWN, Appellee.

Court of Appeal of Louisiana, Second Circuit.

October 15, 2009.

Attorney(s) appearing for the Case

Jonathan M. Stewart, District Attorney, Douglas Leon Stokes, Jr., Assistant District Attorney, for Appellant.

Darrell Robert Avery, Jonesboro, for Appellee.

Before WILLIAMS, PEATROSS and DREW, JJ.

WRIT GRANTED; REVERSED AND REMANDED.

The search, occurring on January 5, 2009, is legal, at least on this record.

First, Arizona v. Gant, ___ U.S. ___, 129 S.Ct. 1710, 173 L.Ed.2d 485 (4/21/09), may or may not be applicable to searches already conducted as the date of the decision. Gant has admittedly now restricted New York v. Belton, 453 U.S. 454

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