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186 So. 3d 1149

State v. Sealy

Supreme Court of Louisiana

Decided October 9, 2015

Supreme Court of Louisiana · decided 2015-10-09

Decided 2015-10-09

¶1In re Elbert Sealy; — Defendant; Applying For Supervisory and/or Remedial Writs, Parish of'-E. Baton Rouge, 19th Judicial District Court Div. G, No. 03-13-0558; to the Court of'Appeal, First Circuit, No;20l5 KW 0586; ' . '

¶2| denied;'

*1150HUGHES, J., would grant and assigns reasons.CRICHTON, J., would grant and assigns reasons.
HUGHES, J.,

¶3dissents.

¶4|TI would grant the writ for the reasons assigned by Judge Higginbotham.

CRICHTON, J.,

¶5would grant and assigns reasons.

¶6| ] Because of the constitutional concerns associated with sobriety checkpoints, law enforcement officers must demonstrate that the standard and guidelines set forth in State v. Jackson have been satisfied. In my view, the State failed to make that showing; therefore, I would grant the defendant’s writ application, reverse the lower courts and order the defendant’s motion to suppress granted.

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