LA4: Carrying concealed weapon that was tossed justified hot pursuit

Defendant was standing in front of an apartment complex and saw the police come up. Officers saw him pull a gun and put it in the bushes and then run. They gave chase, and he ran into his apartment. In hot pursuit, they kicked in his door and found cocaine on him, and he consented to a search of his apartment. They had probable cause for carrying a concealed weapon. State v. Carter, 112 So. 3d 381 (La.App. 4 Cir. 2013).*

Defendant concedes that he was legally stopped for reasonable suspicion of heroin dealing from his car, and the officer testified he and his passenger leaned forward when stopped. That movement tied with the number of situations where firearms were found with drugs supported the frisk. State v. Magee, 110 So. 3d 680 (La. App. 4 Cir. 2013).*

Defendant on post-conviction claimed his attorney was ineffective for not challenging, among other things, his stop, but the court finds that waived by his Alford plea. [Actually, this is wrong because he’s alleging IAC prior to the plea which misinformed him, and that should be sufficient to overcome waiver. Whether he would have won the suppression motion is the issue. He was stopped by a Narcotics Task Force checkpoint, and that was a viable Fourth Amendment issue. No drug checkpoint has ever been sustained.] Jackson v. State, 122 So. 3d 1220 (Miss. App. 2013).* [This is typical of the short shrift post-conviction issues get.]