STATE v. ELLIS (2020)

Stay denied. Writ application denied.

Mr. Ellis is a Black man who was stopped and searched by police for the sole reason that he grabbed his waistband frequently and manipulated his belt while walking toward a gas station on Chef Menteur Highway in New Orleans. The trial court suppressed the evidence seized by police because, under relevant Fourth Amendment jurisprudence governing acceptable justifications for police to conduct a warrantless stop and search, “[t]he purported action of an individual grabbing at their waistband with no further evidence of any reasonable suspicion of additional criminal behavior is simply insufficient.” The trial court in this case did not abuse its discretion. The Fourth Amendment cannot be eroded to the point that the police are permitted to stop and search a Black man doing nothing more to arouse a suspicion than walking along the street and adjusting his waistband a few times. I would grant the writ and reinstate the ruling of the trial court.

Johnson, C.J., would grant and assigns reasons. Genovese, J., would grant for reasons assigned by Chief Justice Johnson.