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435 So. 2d 421

State v. Friddle

Supreme Court of Louisiana

Decided August 9, 1983

Supreme Court of Louisiana · decided 1983-08-09

Relies on United States v. Peltier · 343 So. 2d 189 - State v. Ranker · 387 So. 2d 567 - State v. Brown

Decided 1983-08-09

DENNIS, Justice,

¶1concurring in part and dissenting in part.

¶2I respectfully concur in part and dissent in part.

¶3*422I concur in the remana of the case for retrial of the motion to suppress relative to the issue of the majority’s treatment of the warrantless entry into defendant’s motel residence.

¶4I believe that State v. Brown, 387 So.2d 567 (La.1980) should be given retroactive effect. In State v. Ranker, 343 So.2d 189 (La.1977), this court expressed “grave doubts” about the constitutionality of a warrantless arrest in the home. Thus, United States v. Peltier, 422 U.S. 531, 95 S.Ct. 2313, 45 L.Ed.2d 374 (1975) is not authority for the court’s decision, in this case.

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