LA5: A micro data storage card in defendant’s watch pocket could be seized incident to arrest

A micro data storage card in defendant’s watch pocket could be seized incident to arrest. It was then searched with a warrant. The informant was a victim, and thus didn’t need to be corroborated. “Knocking on a door does not constitute an investigatory stop and does not require reasonable suspicion. State v. Sanders, 374 So.2d 1186, 1188 (La. 1979); State v. Oliver, 448 So.2d 156, 158 (La. App. 5 Cir. 1984). In Sanders, the Louisiana Supreme Court found that when a door is opened in response to a knock, it is a consent of the occupant to confront the caller, and there is no compulsion, force, or coercion involved. The Court further noted that the defendant was free to refuse to open the door or to slam it shut once opened and that his freedom of movement was never infringed upon, and no search or seizure occurred except on the basis of the defendant’s voluntary actions. Sanders, 374 So.2d at 1189.” State v. Murray, 2018 La. App. LEXIS 460 (La. App. 5 Cir. Mar. 14, 2018).

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