State v. Lagarde, 778 So. 2d 585 (La. 2001). · Go Syfert
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State v. Lagarde, 778 So. 2d 585 (La. 2001). Cases Citing This Book View Copy Cite
3 citation events across 2 distinct courts.
Strongest positive: T.G. v. State (ala, 2015-04-17)
Top citers, strongest first. 2 distinct citers. How cited ↗
discussed Cited as authority (rule) T.G. v. State
Ala. · 2015 · confidence medium
See Harford v. State, 816 So.2d 789 , 792 & n. 2 (Fla.Dist.Ct.App.2002) (holding that a. police officer who removed a Newport brand cigarette box from a person in the course of a patdown for weapons was not justified in opening the box for further examination of the contents); Barfield v. State, 776 N.E.2d 404, 407 (Ind.Ct.App.2002) (holding that a police officer’s action in removing a Marlboro brand cigarette box from a person stopped .for a traffic infraction and looking inside the box — in the absence of an immediate perception that it was a weapon or contraband — “was a search that…
discussed Cited "see" State Of Louisiana v. James Washington
La. Ct. App. · 2022 · signal: see · confidence high
See State v. Lagarde, 2000- 1238 ( La. 2/ 9/ 01), 778 So. 2d 585 ; see generally State v. Foss, 2017- 0744 ( La. 10/ 16/ 17), 226 So. 3d 1115 , 1116, (" The trial court correctly determined that the contraband—which was seized from the inside of a cigarette pack recovered during the Terry pat down—is not admissible pursuant to the " plain feel" exception to the warrant requirement.") Accordingly, the trial court erred by denying the motion to suppress the evidence recovered from the cigarette pack, and this matter is remanded to the trial court for further proceedings.
Retrieving the full opinion text from the archive…
STATE of Louisiana
v.
Robert M. LAGARDE, Jr.
No. 2000-K-1238.
Supreme Court of Louisiana.
Feb 9, 2001.
778 So. 2d 585
Deny, Knoll, Traylor, Writ.
Cited by 3 opinions  |  Published
PER CURIAM: *

Granted. The rulings below on the motion to suppress are reversed, relator’s conditional guilty plea under State v. Crosby, 338 So.2d 584 (La.1976), is vacated, and this case is remanded to the district court for further proceedings. Even assuming that the police had reasonable suspicion to conduct an investigatory stop and to conduct a self-protective frisk for weapons, see United States v. Trullo, 809 F.2d 108, 113— 14 (1st Cir.1987), the search of the cigarette pack which the defendant had voluntarily removed from his pocket, leading to the discovery of a crack-pipe, exceeded the permissible scope of the pat-down frisk sanctioned by Terry v. Ohio, 392 U.S. 1, 88 S.Ct. 1868, 20 L.Ed.2d 889 (1968), and “amounted to the sort of evidentiary search that Terry expressly refused to authorize .... ” Minnesota v. Dickerson, 508 U.S. 366, 378, 113 S.Ct. 2130, 2139, 124 L.Ed.2d 334 (1993). See State v. James, 99-3304 (La.12/8/00), — So.2d-, 2000 WL 1821204; State v. Sheehan, 99-0725 (La.7/2/99), 767 So.2d 1; State v. Thornton, 621 So.2d 173 (La.App. 4th Cir.1993), unit denied, 93-2109 (La.9/23/94), 642 So.2d 1307.

TRAYLOR and KNOLL, JJ., would deny the writ.

James C. Gulotta, Justice Pro Tempore, sitting for Associate Justice Harry T. Lemmon.