State v. Manso
1977 La. LEXIS 4846
La.
1977
Check Treatment

Lead Opinion

PER CURIAM.

Writ granted in part. The ruling of the trial judge is set aside and the case is remanded for a new hearing on the motion to suppress. When the mover has shown that the evidence was seized without a search warrant, the burden of proof is on the State. Vale v. Louisiana, 399 U.S. 30, 90 S.Ct. 1969, 26 L.Ed.2d 409 (1970). State v. Lain, La., 347 So.2d 167 (1977). In all other respects, the application is denied.





Dissenting Opinion

SUMMERS, J.,

is of the opinion that the evidence is adequate as to the stop of the first truck and the motion to suppress as to that search and seizure should be denied.