June 28, 2011
The Louisiana Supreme Court on Friday gave a green light to police officers looking to search automobiles without a warrant. The court ruled on an interim appeal in the ongoing trial of Derrick R. Kirton, 30, and Crystal N. Strate, 27, who were charged on February 23 with distribution and possession of heroin, respectively. A judge in the Orleans Parish Criminal District Court had ruled that the police search of Kirton’s vehicle was unlawful because it was not based on probable cause. The prosecution appealed.
Louisiana law allows for rulings on individual motions to be appealed without waiting for the end of the trial, and the state succeeded in convincing the high court to overturn the motion to suppress the evidence from the vehicle search. New Orleans Police Detective Roccoforte had seen Strate in parking lot of a fast food store using her cell phone and “looking about anxiously.” Strate drove a short distance to pull up to Kirton’s parked vehicle, remained in it for less than a minute, then returned to her car and drove away. Roccoforte followed and approached Strate after she had parked her car. He noted “furtive movement” of Strate’s right hand and decided to perform a warrantless search of her car. The supreme court found this acceptable.