LA4: Actual apartment number not needed in SW when it is clearly described

The actual apartment number on the search warrant isn’t required when defendant’s apartment is clearly described. (“2819 Carondelet Street, New Orleans, La., described as the middle first floor apartment of a raised two story wood frame structure with grey stucco and white trim. The apartment has a shared stairway on the south side that leads to the first floor. The numbers 2819 in white are affixed to a window above the front door facing Carondelet Street.”) Before searching, officers knocked on the door, and defendant answered. State v. Klein, 2018 La. App. LEXIS 1636 (La. Cir. 4 Cir. Aug. 23, 2018). [How much more clearly could it have been described? Sometimes the apartment numbers given are wrong. See post four days ago.]

Defendant pled guilty to DWI and then challenged his conviction under Birchfield claiming it was retroactive. He’s allowed to do so under state law. Johnson v. State, 2018 Minn. LEXIS 492 (Aug. 22, 2018).*