STATE OF LOUISIANA v. TYRON BURTON (2025)

Defendant's argument fails under both U.S. const. amend. IV and La. Const. art. I § 5 – one does not have a reasonable expectation of privacy in abandoned property in an open field that does not belong to the defendant.¹

FOOTNOTES

1.   Unlike the federal constitution, La. Const. art. I § 5, allows for third-party standing:Every person shall be secure in his person, property, communications, houses, papers, and effects against unreasonable searches, seizures, or invasions of privacy. No warrant shall issue without probable cause supported by oath or affirmation, and particularly describing the place to be searched, the persons or things to be seized, and the lawful purpose or reason for the search. Any person adversely affected by a search or seizure conducted in violation of this Section shall have standing to raise its illegality in the appropriate court. (emphasis added)Had defendant filed the requested opposition, he could have potentially raised this issue and argued he was asserting the property owner's rights. However, he did not file the requested opposition. The argument is abandoned.

GRIFFIN, J., additionally concurs and assigns reasons.