Louisiana v. McHugh
Louisiana Supreme Court
630 So. 2d 1259 (1994)
- Written by Oni Harton, JD
Facts
Louisiana state wildlife enforcement officers stopped and checked hunters to detect persons illegally smuggling ducks from hunting areas. Mostly, they stopped every boat and asked to see their hunting licenses. Officers stopped McHugh (defendant) as part of this process. In response to questioning, McHugh allowed a wildlife officer to inspect a quartered deer. Because the deer was not tagged as required by law, the officer charged McHugh with statutory violations. McHugh moved to suppress any evidence or inculpatory statements obtained from him by the wildlife law-enforcement officers on the ground that the search and seizure violated state and federal constitutional rights. The trial court denied the motion to suppress. The Louisiana Court of Appeal granted certiorari and held that the wildlife enforcement officers’ initial stop of the defendants violated article I, § 5 of the Louisiana constitution.
Rule of Law
Issue
Holding and Reasoning (Dennis, J.)
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