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STATE v. SURTAIN

No. 2009-KK-1835.

31 So.3d 1037 (2010)

STATE of Louisiana v. Graylin SURTAIN.

Supreme Court of Louisiana.

March 16, 2010.

Attorney(s) appearing for the Case

James D. Caldwell, Attorney General, Leon A. Cannizzaro, Jr., District Attorney, Nisha Sandhu, Andrew Pickett, Assistant District Attorneys, for Applicant.

David Augustus Capasso, for Respondent.

CLARK, Justice.1

The issue is whether the district court erred in suppressing crack cocaine and heroin seized from the back pocket of the defendant, Graylin Surtain.2 Finding that the district court and the court of appeal were improperly constrained in their analysis of the facts by the officers' characterization of the search, we reverse the lower courts' suppression of the evidence and remand for further...

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