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819 So. 2d 1028

State v. Morrell

Supreme Court of Louisiana

Decided July 3, 2002

Supreme Court of Louisiana · decided 2002-07-03

Decided 2002-07-03

¶1In re State of Louisiana; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Orleans, Criminal District Court Div. H, Nos. 426-807, 426-788; to the Court of Appeal, Fourth Circuit, No. 2002-K-1167.

¶2Denied.

VICTORY, J., would grant the writ.TRAYLOR, J., would grant the writ.
WEIMER, J.,

¶3would grant a stay and consider the merits of the application in due course, believing that the trial court made a credibility determination with respect to the officers’ testimony that the defendant was speeding. The defendant’s conduct in exceeding the speed limit justified the stop, and the ensuing seizure of the contraband was justified because the marijuana smell emanating from the vehicle justified the further search.

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