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State v. Gant

Citations: 637 So. 2d 396; 1994 WL 200138Docket: 93-KK-2895

Court: Supreme Court of Louisiana; May 20, 1994; Louisiana; State Supreme Court

Narrative Opinion Summary

The Louisiana Supreme Court reviewed a case involving Robert Gant's motion to suppress evidence following a stop and search of his rented vehicle and a related search of a residence. The court evaluated the legality of the police actions based on information from an informant and surveillance, which led to the stop of Gant’s vehicle. The court affirmed that the stop was supported by reasonable suspicion and that the subsequent search of the vehicle was justified by probable cause from a drug-detecting dog and exigent circumstances. Additionally, the court upheld the legality of the arrest of Gant and his passenger, Felicia Jackson, and ruled that Jackson's statements were lawfully obtained. However, the court reversed the trial court's decision regarding evidence obtained from a residence at 1422 Sharlo Drive, finding the search unlawful due to the lack of consent or exigent circumstances, thus tainting the evidence obtained. The court determined Gant had standing to challenge this search and remanded the case for further proceedings. Justices Kimball and Lemmon dissented and did not participate, respectively.

Legal Issues Addressed

Illegal Search and Tainted Consent

Application: The court ruled that evidence obtained from the residence at 1422 Sharlo Drive was tainted due to an unlawful entry without consent or exigent circumstances.

Reasoning: The police unlawfully entered the home without consent or exigent circumstances, using a key obtained from Gant. The consent given by resident Gina Williams for a search was not sufficiently distanced from the initial illegal entry, thereby tainting the evidence.

Probable Cause and Exigent Circumstances

Application: Probable cause for the search of Gant's vehicle was established by the alert of a drug-certified dog, and exigent circumstances justified the warrantless search.

Reasoning: After the lawful stop of Gant’s vehicle, the police called a drug-certified dog, which alerted to the trunk, providing probable cause for a search. Exigent circumstances justified the warrantless search of the vehicle.

Reasonable Suspicion for Vehicle Stop

Application: The police had reasonable suspicion to stop Gant's rented vehicle based on detailed information from an informant and their own surveillance.

Reasoning: The police had reasonable suspicion to stop Gant's rented vehicle based on detailed information from an informant, Robert Lee, and their own surveillance.

Standing to Challenge Search

Application: Gant had standing to challenge the search of Williams' home because he was adversely affected by the illegal entry.

Reasoning: The court held that Gant had standing to challenge the search of Williams' home, as he was adversely affected.