State v. Leary

Decision Date25 March 1994
Citation635 So.2d 237
Parties93-3187 La
CourtLouisiana Supreme Court

Prior report: La.App., 627 So.2d 777.

In re Leary, Antonio Gabriel;--Defendant(s); applying for writ of certiorari and/or review; to the Court of Appeal, Second Circuit, No. 25553-KA; Parish of Caddo, 1st Judicial District Court, Div. "B", No. 163,067.

Denied.

DENNIS, J., not on panel.

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7 cases
  • State v. Walker, 32,342-KA.
    • United States
    • Court of Appeal of Louisiana — District of US
    • September 24, 1999
    ... ... The officer's experience may be considered in determining whether his inferences from the facts at hand were reasonable. State v. Leary, 627 So.2d 777 (La.App. 2nd Cir.1993), writ denied, 93-3187 (La.3/25/94), 635 So.2d 237; State v. Jackson, 26,138 (La.App. 2ndCir. 8/17/94), 641 So.2d 1081 ...         When reviewing a trial court's ruling on a motion to suppress, based on findings of fact, great weight must be placed upon ... ...
  • 27,188 La.App. 2 Cir. 8/23/95, State v. White
    • United States
    • Court of Appeal of Louisiana — District of US
    • August 23, 1995
    ... ... The officer's experience may be a consideration in ascertaining whether his inferences from the given facts were reasonable. State v. Jackson, 26,138 (La.App. 2d Cir. 08/17/94), 641 So.2d 1081; State v. Leary, 627 So.2d 777 (La.App. 2d Cir.1993), writ denied, 93-3187 (La. 03/25/94), 635 So.2d 237 ...         Flight, a furtive gesture, nervousness, or startled behavior at the sight of a police officer is not, by itself, sufficient to justify an investigatory stop. However, this type of conduct ... ...
  • State v. Dumas
    • United States
    • Court of Appeal of Louisiana — District of US
    • January 26, 2000
    ... ... The officer must have sufficient facts within his knowledge to justify an infringement of the suspect's rights. An inchoate or unparticularized hunch or mere suspicion is insufficient to establish reasonable grounds to stop a person. State v. Tucker, supra; State v. Leary, 627 So.2d 777 (La.App. 2d Cir.1993), writ denied, 93-3187 (La.3/25/94), 635 So.2d 237 ...         In order to assess the reasonableness of an officer's conduct, it is necessary to balance the need to search or to seize against the harm of invasion. State v. Stewart, supra. Whether an ... ...
  • State v. Jackson
    • United States
    • Court of Appeal of Louisiana — District of US
    • March 31, 1999
    ... ... The officer's experience may be a consideration in ascertaining whether his inferences from the given facts were reasonable. State v. Jackson, supra; State v. Leary, 627 So.2d 777 (La. App. 2d Cir.1993), writ denied, 93-3187 (La.3/25/94), 635 So.2d 237 ...         Flight, a furtive gesture, nervousness, or startled behavior at the sight of a police officer is not, by itself, sufficient to justify an investigatory stop. However, this type of conduct ... ...
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