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LA2: Surveillance video of scene of encounter contradicts officer, so trial court erred in believing him

By John Wesley Hall, Jr.

Trial court’s ruling denying motion to suppress was erroneously denied. While the trial court has the credibility call and great deference in making findings of fact at a suppression hearing, the surveillance video of the area of defendant’s detention at the suppression hearing clearly contradicted the officer’s testimony about where and how things happened, and it showed that the motion to suppress should have been granted. State v. Thompson, 2011 La. App. LEXIS 241 (La. App. 2d Cir. February 23, 2011): At this point in the investigation, the routine investigatory stop transitioned into an illegal detention. Based on the evidence, the trial court should have determined that the "reasonable and articulable suspicion," which would have otherwise justified an investigatory stop, was based on Agent Parker's testimony that clearly contradicted the surveillance tape...continue to full post

Full post as published by Fourth Amendment on March 01, 2011 (boomark / email).