State v. Gray, 122 So. 3d 531

Officers received an anonymous tip that a man selling items on Canal Street was also selling drugs and had a detailed description of the defendant.
On the way to the scene, the informant corroborated that the defendant retrieved an item from behind a table and handed it to another for money.
Police observed a man matching the description selling items as described near the table where the backpack was located.
When approached, the defendant stated, “You are just doing your job, then do your job.”
An officer smelled marijuana emanating from a backpack behind the table and retrieved it, finding a handgun and loose marijuana inside.
The defendant was read his Miranda rights, and the search of the backpack proceeded, leading to suppression proceedings in the trial court.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the backpack search was valid under the Fourth Amendment	The plain smell doctrine/search was lawful.	The search should be suppressed as unlawful or not based on consent.	Search upheld; suppression reversed; evidence admissible.
Whether the encounter was consensual and not a seizure	Officers conducted a consensual stop permissible under Royer/Bostick.	The encounter impermissibly coerced or escalated into a seizure.	Consensual encounter; no Fourth Amendment seizure.
Whether plain view/plain smell exceptions apply to authorize the search	Plain smell from a lawful location justifies inspection and search.	Exceptions do not apply to justify the search absent proper basis.	Plain smell doctrine valid; search permissible.

Florida v. Royer, 460 U.S. 491 (U.S. Supreme Court 1983) (consensual encounters do not trigger Fourth Amendment scrutiny)
Florida v. Bostick, 501 U.S. 429 (U.S. Supreme Court 1991) (consensual approach to questioning does not require suspicion)
Horton v. California, 496 U.S. 128 (U.S. Supreme Court 1990) (plain view doctrine elements: lawful position, immediately incriminating, lawful access)
State v. Willis, 843 So.2d 592 (La. App. 2 Cir. 2003) (plain view/related doctrines in Louisiana context)
State v. Allen, 55 So.3d 756 (La. 2010) (plain smell exception extension of plain view)
State v. Richardson, 23 So.3d 254 (La. 2009) (Louisiana framework for police encounters and searches)