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STATE v. FRANCIS

Nos. 2010-KA-1149, 2010-KA-1150.

60 So.3d 703 (2011)

STATE of Louisiana v. Jerrold J. FRANCIS. State of Louisiana v. Jerrold Francis.

Court of Appeal of Louisiana, Fourth Circuit.

February 16, 2011.

Attorney(s) appearing for the Case

Leon A. Cannizzaro, Jr. , District Attorney, Matthew C. Kirkham , Assistant District Attorney, New Orleans, LA, for State of Louisiana.

Mary Constance Hanes , Louisiana Appellate Project, New Orleans, LA, for Defendant/Appellant.

(Court composed of Judge PATRICIA RIVET MURRAY, Judge EDWIN A. LOMBARD, Judge PAUL A. BONIN).

PAUL A. BONIN, Judge.

During a frisk following a Terry stop, police officers seized cocaine from Jerrold Francis. The officers arrested Mr. Francis for possession of cocaine, a violation of LA. R.S. 40:967 C, and for resisting an officer, a violation of LA. R.S. 14:108. During pretrial proceedings, Mr. Francis filed a motion to suppress the evidence, asserting that the stop-and-frisk was unconstitutional and that the cocaine seized should be excluded from evidence...

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