# State v. Jones

> Louisiana Court of Appeal · June 24, 1998 · 98 La.App. 4 Cir. 0963

URL: https://www.frixlaw.com/law-library/cases/7717715

## Case

- **Full name:** STATE of Louisiana v. Larry JONES
- **Court:** Louisiana Court of Appeal
- **Decided:** June 24, 1998
- **Citations:** 98 La.App. 4 Cir. 0963; 720 So. 2d 1; 1998 La. App. LEXIS 2407
- **Precedential status:** Published
- **Opinion:** Dissent by Imurray
- **Judges:** Byrnes, Imurray, Murray, Schott
- **Cited by:** 7 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/7717715

## Opinion text

1 iMURRAY, Judge,
dissenting.
I respectfully dissent. By definition, Mr. Jones was not obstructing the sidewalk. There was no evidence presented that he was “impeding, hindering, stifling, retarding or restraining traffic or passage thereon or therein.” Indeed, there was no evidence presented that anyone, other than Mr. Jones and Mr. White, were on the sidewalk. The eases cited by the majority are inapposite, as they involve situations where the defendant was conversing in the middle of the street with another person, 1 or where a group was engaged in illegal gambling on the sidewalk, and the police had received complaints from persons living in the area. 2 The State has produced no evidence that Mr. Jones was doing anything more than standing on a sidewalk near a corner.
Because I agree with the trial court that there was no legitimate probable cause for arrest, the granting of the motion to suppress was proper. I would deny the State’s writ application.
. State v. Scott, 561 So.2d 170 (La.App. 1 Cir.), writ denied, 566 So.2d 394 (La.1990).
. State v. Toney, 96-2226 (La.App. 4 Cir. 11/18/96) , 687 So.2d 1048 , writ denied, 97-0481 (La.4/4/97), 692 So.2d 420 .

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/7717715. Public record. Not legal advice.