The probable cause affidavit submitted in support of the application for the search warrant is premised upon a violation of Louisiana Revised Statute 14: 47. That statute has been declared unconstitutional by both the United States Supreme Court and the Louisiana Supreme Court as it applies to public expression and publication concerning public officials, public figures and private individuals engaged in public affairs. See New York Times v. Sullivan, 376 U.S. 254 (1964); Garrison v. State of Louisiana, 379 U.S.64 (1964); State v. Snyder, 277 So. 2d 660, 668 (La. 1973) (on rehearing), rev’d on other grounds, 305 So. 2d 334 (La. 1974); State v. Defley, 395 So. 2d 759, 761-62 (La. 1981). Anthony Alford, the supposed victim, is President of the Terrebonne Parish Levee and Conservation Boardof Louisiana, and a public official. Consequently, the search warrant lacks probable cause because the conduct complained of is not a criminally actionable offense. The ruling of the district court denying the motion to quash the search warrant is reversed, the motion is granted, and the search warrant is quashed.
August 30, 2016 at 1:01 PM EDT