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17 Louisiana opinions name it 2 courts 1973–2018 0 in the last five years
The cases below were cited by Louisiana courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
State v. Lopezgreen2 sentences2009In State v. Lopez, 00-0562 (La.10/30/00), 772 So.2d 90, 92 , the Louisiana Supreme Court recognized that the defendant’s [¡^speeding above the posted limit gave the officer an objective probable cause basis to pull over the vehicle for a traffic violation, without regard to subjective intent. 2009Thus, without regard to Officer Balser’s subjective intent, defendant’s speeding above the posted limit gave the officer an objective probable cause basis to pull over the vehicle for a traffic violation. 3 See State v. Lopez, 00-562, p. 3 (La.10/30/00), 772 So.2d 90, 92 , and State v. Schnyder, 08-1199, pp. 8-9 (La.App. 5 Cir. 3/24/09), 10 So.3d 303, 309 . 4 Defendant contends that Officer Bal-ser’s testimony should not have been believed by the trial court. | 2 | 8 |
Whren v. United Statesgreen2 sentences2012State v. Lopez, 00-0562 (La.10/30/00), 772 So.2d 90, 92 (per curiam); Wolff, 09-508, 30 So.3d at 902 ; and Whren v. United States, 517 U.S. 806, 813 , 116 S.Ct. 1769, 1774 , 135 L.Ed.2d 89 (1996) (“Subjective intentions play no role in ordinary, probable-cause Fourth Amendment analysis.”). 2007In Lopez, the court stated, "[w]ithout regard to the trooper's subjective intent, respondent's speeding above the posted limit gave the officer an objective probable cause basis to pull over the vehicle for a traffic violation." The court quoted from Whren stating, "[s]ubjective intentions play no role in ordinary, probable-cause Fourth Amendment analysis." Lopez, XXXX-XXXX at p. 3, 772 So.2d at 92 (quoting Whren, 517 U.S. at 813 , 116 S.Ct. 1774 ). | 2 | 4 |
Thornton v. United Statesgreen2 sentences2009See Thornton v. United States, 541 U.S. 615 , 124 S.Ct. 2127 , 158 L.Ed.2d 905 (2004), where the police stopped the driver of a vehicle for a traffic violation after he had parked and left his car. 2009See Thornton v. United States, 541 U.S. 615 , 124 S.Ct. 2127 , 158 L.Ed.2d 905 (2004), where the police stopped the driver of a vehicle for a traffic violation after he had parked and left his car. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Louisiana. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Maryland v. Wilson
green
2 sentences2018Maryland v. Wilson , 519 U.S. 408 , 415, 117 S.Ct. 882 , 886, 137 L.Ed.2d 41 (1997) ; Hunt , 25 So.3d at 753-54 ; State v. Benoit , 01-2712 (La. 5/14/02), 817 So.2d 11 , 15 ; State v. Smith , 07-815 (La. 2018Maryland v. Wilson , 519 U.S. 408 , 415, 117 S.Ct. 882 , 886, 137 L.Ed.2d 41 (1997) ; Hunt , 25 So.3d at 753-54 ; State v. Benoit , 01-2712 (La. 5/14/02), 817 So.2d 11 , 15 ; State v. Smith , 07-815 (La. | 2 | 2018–2018 |
State v. Hunt
green
2 sentences2018Maryland v. Wilson , 519 U.S. 408 , 415, 117 S.Ct. 882 , 886, 137 L.Ed.2d 41 (1997) ; Hunt , 25 So.3d at 753-54 ; State v. Benoit , 01-2712 (La. 5/14/02), 817 So.2d 11 , 15 ; State v. Smith , 07-815 (La. 2018Maryland v. Wilson , 519 U.S. 408 , 415, 117 S.Ct. 882 , 886, 137 L.Ed.2d 41 (1997) ; Hunt , 25 So.3d at 753-54 ; State v. Benoit , 01-2712 (La. 5/14/02), 817 So.2d 11 , 15 ; State v. Smith , 07-815 (La. | 2 | 2018–2018 |
State v. Benoit
green
2 sentences2018Maryland v. Wilson , 519 U.S. 408 , 415, 117 S.Ct. 882 , 886, 137 L.Ed.2d 41 (1997) ; Hunt , 25 So.3d at 753-54 ; State v. Benoit , 01-2712 (La. 5/14/02), 817 So.2d 11 , 15 ; State v. Smith , 07-815 (La. 2018Maryland v. Wilson , 519 U.S. 408 , 415, 117 S.Ct. 882 , 886, 137 L.Ed.2d 41 (1997) ; Hunt , 25 So.3d at 753-54 ; State v. Benoit , 01-2712 (La. 5/14/02), 817 So.2d 11 , 15 ; State v. Smith , 07-815 (La. | 2 | 2018–2018 |
State v. Wolff
green
2 sentences2012State v. Lopez, 00-0562 (La.10/30/00), 772 So.2d 90, 92 (per curiam); Wolff, 09-508, 30 So.3d at 902 ; and Whren v. United States, 517 U.S. 806, 813 , 116 S.Ct. 1769, 1774 , 135 L.Ed.2d 89 (1996) (“Subjective intentions play no role in ordinary, probable-cause Fourth Amendment analysis.”). 2010State v. Lopez, 00-0562 (La.10/30/00), 772 So.2d 90, 92 (per curiam); State v. Wolff, 30 So.3d at 902 . | fiTrooper Zimmerman then ordered defendant to exit the vehicle. | 2 | 2010–2012 |
State v. Blanche
neutral
1 sentence2017In State v. Blanche, 47,015 (La.App. 2 Cir. 4/H/12), 91 So.3d 1189 , an officer stopped a vehicle for a traffic violation. | 1 | 2017–2017 |
State v. Davis
neutral
1 sentence2013State v. Davis, 09-452 (La.App. 5 Cir. 1/26/10) , 31 So.3d 513 , writ denied 10-2201 (La. 10/21/11). 73 So.3d 373 . | 1 | 2013–2013 |
State v. Kinard
neutral
2 sentences2013State v. Kinard, 12-446 (La.App. 5 Cir. 11/27/12) , 105 So.3d 974, 979 . 2013State v. Kinard, 12-446 (La.App. 5 Cir. 11/27/12) , 105 So.3d 974, 979 . | 1 | 2013–2013 |
STATE EX REL. PIERRE v. State
green
1 sentence2013State v. Davis, 09-452 (La.App. 5 Cir. 1/26/10) , 31 So.3d 513 , writ denied 10-2201 (La. 10/21/11). 73 So.3d 373 . | 1 | 2013–2013 |
State v. Martin
neutral
2 sentences2012State v. Martin, 11-160 (La.App. 5 Cir. 12/28/11) , 83 So.3d 230, 238 . 2 Once an officer has lawfully stopped a vehicle for a traffic violation, he is authorized to order the driver out of the vehicle pending completion of the stop. 2012State v. Martin, 11-160 (La.App. 5 Cir. 12/28/11) , 83 So.3d 230, 238 . 2 Once an officer has lawfully stopped a vehicle for a traffic violation, he is authorized to order the driver out of the vehicle pending completion of the stop. | 1 | 2012–2012 |
State v. Smith
green
1 sentence2012State v. Smith, 07-815 (La.App. 5 Cir. 3/11/08) , 982 So.2d 821, 825 , unit denied, 08-927 (La.11/14/08), 996 So.2d 1088 . | 1 | 2012–2012 |
State v. Smith
green
1 sentence2012State v. Smith, 07-815 (La.App. 5 Cir. 3/11/08) , 982 So.2d 821, 825 , unit denied, 08-927 (La.11/14/08), 996 So.2d 1088 . | 1 | 2012–2012 |
State v. Schnyder
neutral
1 sentence2009Thus, without regard to Officer Balser’s subjective intent, defendant’s speeding above the posted limit gave the officer an objective probable cause basis to pull over the vehicle for a traffic violation. 3 See State v. Lopez, 00-562, p. 3 (La.10/30/00), 772 So.2d 90, 92 , and State v. Schnyder, 08-1199, pp. 8-9 (La.App. 5 Cir. 3/24/09), 10 So.3d 303, 309 . 4 Defendant contends that Officer Bal-ser’s testimony should not have been believed by the trial court. | 1 | 2009–2009 |
State v. Williams
red
1 sentence1990Williams, 366 So.2d at page 1374 . | 1 | 1990–1990 |
United States v. Charles Melvin Davis
green
1 sentence1973(In the cited decision, the stopping of a vehicle for a traffic violation was held to be a pretext, so that evidence seized as a result thereof was held to be inadmissible.) See also United States v. Davis, 459 F.2d 458 (C.A. 9, 1972). | 1 | 1973–1973 |
Charles R. Pace v. Dr. George J. Beto, Director, Texas Department of Corrections
green
1 sentence1973Cf., Pace v. Beto, 469 F.2d 1389 (C.A. 5, 1972). | 1 | 1973–1973 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.