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LA3: Violation of nighttime search rule not subject to suppression

By John Wesley Hall, Jr.

Violation of the Louisiana nighttime search rule was not necessarily subject to suppression of evidence. State v. Brown from LA5th is followed. State v. Lewis, 2010 La. App. LEXIS 512 (3d Cir. April 7, 2010).* The search of defendant’s house occurring by consent within 15-20 minutes of his unlawful stop was not sufficiently attenuated. The three Brown v. Illinois factors ((1) the temporal proximity of the illegal entry and the consent, (2) the presence of intervening circumstances, and, particularly, (3) the purpose and flagrancy of the official misconduct) favored the defendant. The government’s alternative argument that the defendant was subject to a parole search required the officer’s have knowledge of the search term, and they did not...continue to full post

Full post as published by Fourth Amendment on April 12, 2010 (boomark / email).