STATE v. CARTER

No. 2013-K-1452.

131 So.3d 479 (2013)

STATE of Louisiana v. Artez CARTER and Tyran Jones.

Court of Appeal of Louisiana, Fourth Circuit.

December 19, 2013.


Attorney(s) appearing for the Case

Leon A. Cannizzaro, Jr. , District Attorney, Scott G. Vincent , Assistant District Attorney, New Orleans, LA, for Relator/State Of Louisiana.

Joyce S. Sallah , Orleans Public Defenders, New Orleans, LA, for Respondent/Defendant.

(Court composed of Judge DENNIS R. BAGNERIS, SR., Judge PAUL A. BONIN, Judge ROSEMARY LEDET).


PAUL A. BONIN, Judge.

We granted the prosecution's application for a writ of certiorari in order to review its complaint that the district judge erred when he suppressed for use at trial the illegal narcotics evidence seized from the person of the defendant, Artez Carter, during a weapons frisk. The parties were afforded oral argument.

Because the prosecution failed to meet its burden of showing that the frisking officer believed the narcotics to be a weapon...

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