State v. Baker

776 So. 2d 1212, 2000 WL 1708288
Louisiana Court of Appeal·Decided November 15, 2000·No. 00-KA-1050·Published·Cited by 11 cases

Opinion

776 So.2d 1212 (2000)

STATE of Louisiana
v.
James BAKER.

No. 00-KA-1050.

Court of Appeal of Louisiana, Fifth Circuit.

November 15, 2000.

*1213 J. Rodney Baum, Louisiana Appellate Project, Baton Rouge, Louisiana, Attorney for Defendant/Appellant, James Baker.

James Baker, I.P.P.

Paul D. Connick, Jr., District Attorney, Ellen S. Fantaci, Assistant District Attorney, Gretna, Louisiana, Attorneys for Plaintiff/Appellee, The State of Louisiana.

Panel composed of EDWARD A. DUFRESNE, Jr., JAMES L. CANNELLA and SUSAN M. CHEHARDY.

CHEHARDY, Judge.

STATEMENT OF THE CASE

On July 15, 1999, defendant, James Baker, was charged by bill of indictment with possession with intent to distribute a controlled dangerous substance, to wit: heroin, in violation of La. R.S. 40:966 A. Defendant was arraigned on July 20, 1999, at which time he plead not guilty. On August 27, 1999, defendant filed a motion to suppress evidence, confession and identification, which was denied after a hearing that day. On September 20, 1999, defendant waived his right to a jury trial, and the case was tried by the judge. At the *1214 conclusion of trial, the judge found defendant guilty of the lesser charge of possession of heroin, La. R.S. 40:966 C. On October 5, 1999, defendant was sentenced to imprisonment at hard labor for a term of nine years. After sentencing, the state filed a multiple offender bill of information. Defendant denied the allegations of the multiple bill. On December 10, 1999, a multiple offender hearing was held, at which time the trial court found defendant to be a fourth felony offender. On January 12, 2000, the trial court vacated the original sentence and sentenced defendant as a fourth felony offender under La. R.S. 15:529.1 to life imprisonment at hard labor without benefit of parole, probation, or suspension of sentence. This appeal ensued.

FACTS

Deputy Linden Schmitt, who is employed by the Jefferson Parish Sheriff's Office Street Crimes Unit, testified that on June 17, 1999, at approximately 10:07 p.m., he was patrolling the Madison Square area off of Manhattan Boulevard in Jefferson Parish. As he was driving down Manhattan Boulevard, he turned into a driveway that runs between Tensus and Inca Streets, an area known for high crime and narcotics activity. Deputy Schmitt saw two black males sitting on a white car which was parked parallel to the street. Their backs were turned toward Deputy Schmitt. Deputy Schmitt continued driving. The two men turned around, looked at the deputy, and appeared to become nervous. One of the men, who Deputy Schmitt identified as defendant, then turned away, looked back at Deputy Schmitt and tossed an object into the grass as he was sliding off of the car.

Deputy Schmitt stopped and approached the two men. He looked through the grassy area where the object was thrown, and found a small plastic bag which appeared to be packaged narcotics, containing numerous foil squares. There was nothing else in the area where defendant had discarded the object. At that point, defendant became apprehensive and very nervous. Deputy Schmitt attempted to place defendant under arrest and a struggle ensued. Defendant struck Deputy Schmitt in the chest and ran. Deputy Schmitt called for backup and defendant was apprehended by assisting deputies shortly thereafter.

Deputy Kevin Decker, who also works for the Jefferson Parish Sheriff's Office Street Crimes Division, testified that on June 17, 1999, at approximately 10:00 p.m., he and his partner, Deputy Heck, responded to an emergency call from Deputy Schmitt. When Deputy Decker first saw defendant, he was on the ground wrestling with Deputy Heck. Eventually defendant was taken into custody. Deputy Decker advised defendant of his constitutional rights before he was placed in Deputy Heck's patrol car. While defendant was in the back of the patrol car, he stated that he had bought the heroin in the Fisher Housing Project, and admitted that he was a heroin user. The officers then took defendant to the Jefferson Parish Correctional Center.

Edgar Dunn, who was qualified at trial as an expert in the field of isolation and identification of controlled substances, testified that he performed tests on the plastic bag containing twenty pieces of foil, each containing a white powder with a gross weight of 3.03 grams. He randomly selected four pieces of foil to test. His tests confirmed that each of the four pieces of foil contained heroin.

DISCUSSION

Defense counsel's sole assignment of error on appeal, and defendant's second assignment of error in his pro se brief, assert that the arresting officer did not have probable cause or reasonable suspicion to stop and seize defendant, and that therefore, all evidence, including incriminating statements defendant made to Deputies Heck and Decker, should have been suppressed by the trial court.

*1215 With regards to this issue, in State v. Gresham, 97-1158 (La.App. 5 Cir.4/15/98), 712 So.2d 946, 951, writ denied, 98-2259 (La.1/15/99), 736 So.2d 200, we held:

The Fourth Amendment to the United States Constitution and La. Const. Art. 1, § 5 protect individuals from unreasonable searches and seizures. State v. Belton, 441 So.2d 1195, 1198 (La.1983), cert. denied, 466 U.S. 953, 104 S.Ct. 2158, 80 L.Ed.2d 543 (1984). However, the right of law enforcement officers to stop and question a person where there is reasonable suspicion to believe that the person is committing, has committed or is about to commit a crime was established in Terry v. Ohio, 392 U.S. 1, 88 S.Ct. 1868, 20 L.Ed.2d 889 (1968). See also: State v. Keller, 403 So.2d 693, 696 (La.1981); State v. Duran, 96-602 (La. App. 5 Cir.3/25/97), 693 So.2d 2, 3, application dismissed, 97-1485 (La.1/9/98), 705 So.2d 1087. The requirements for a valid Terry stop and for any search incident to the stop was codified in La. C.Cr.P. art. 215.1, which provides in pertinent part:
A. A law enforcement officer may stop a person in a public place whom he reasonably suspects is committing, has committed, or is about to commit an offense and may demand of him his name, address, and an explanation of his actions.
B. When a law enforcement officer has stopped a person for questioning pursuant to this Article and reasonably suspects that he is in danger, he may frisk the outer clothing of such person for a dangerous weapon. If the law enforcement officer reasonably suspects the person possesses a dangerous weapon, he may search the person.

In State v. Sanders, 97-892 (La. App. 5 Cir.3/25/98), 717 So.2d 234, 240, writ denied, 98-1163 (La.9/25/98), 724 So.2d 774, we further held:

Reasonable suspicion for an investigatory stop is something less than probable cause and must be determined under the facts of each case by whether the officer had sufficient knowledge of facts and circumstances to justify an infringement on the individual's right to be free from governmental interference.
A law enforcement officer must be able to point to specific and articulable facts to justify an investigatory stop and these facts should be evaluated in light of the circumstances surrounding the incident. The reputation of an area is an articulable fact upon which a police officer may legitimately rely and which is relevant in a determination of whether there is rea

Free access — add to your briefcase to read the full text and ask questions with AI

State v. Baker, 776 So. 2d 1212, 2000 WL 1708288 (La. Ct. App. 2000).

776 So. 2d 1212 (State v. Baker) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

State v. Smith
105 So. 3d 744 (Louisiana Court of Appeal, 2012)
State v. Jones
103 So. 3d 420 (Louisiana Court of Appeal, 2012)
State v. Alo
984 So. 2d 877 (Louisiana Court of Appeal, 2008)
State v. Jenkins
977 So. 2d 142 (Louisiana Court of Appeal, 2008)
State v. Darensbourg
948 So. 2d 1128 (Louisiana Court of Appeal, 2006)
State v. Guillard
902 So. 2d 1061 (Louisiana Court of Appeal, 2005)
State v. Stevenson
839 So. 2d 340 (Louisiana Court of Appeal, 2003)
State v. Harbor
817 So. 2d 223 (Louisiana Court of Appeal, 2002)
State v. Barnes
800 So. 2d 973 (Louisiana Court of Appeal, 2001)
State v. Raines
788 So. 2d 635 (Louisiana Court of Appeal, 2001)
State v. Brown
788 So. 2d 667 (Louisiana Court of Appeal, 2001)