State v. Bible

Aug 4, 1981
No. 66584
Versions:401 So. 2d 966

Lead Opinion

Decision Reported 389 So.2d 42.





Dissenting Opinion

DENNIS, Justice,

dissenting.

I respectfully dissent, La., 389 So.2d 42.

The information received from the confidential informant failed to meet the standards for trustworthiness laid down by the United States Supreme Court in Aguilar v. Texas, 378 U.S. 108, 84 S.Ct. 1509, 12 L.Ed.2d 723 (1964) and Spinelli v. United States, 393 U.S. 410, 89 S.Ct. 584, 21 L.Ed.2d 637 (1969). Thus, the initial seizure of the defendant was unconstitutional. Moreover, even if the seizure were proper, the search of the suitcase without a warrant was unlawful in light of United States v. Chadwick, 433 U.S. 1, 97 S.Ct. 2476, 53 L.Ed.2d 538 (1977).