State v. Barbier

743 So. 2d 1236, 1999 WL 694812
Supreme Court of Louisiana·Decided September 8, 1999·No. 98-KK-2923·Published·Cited by 30 cases

Opinion

743 So.2d 1236 (1999)

STATE of Louisiana
v.
Cade M. BARBIER.

No. 98-KK-2923.

Supreme Court of Louisiana.

September 8, 1999.

Christopher John Boudreaux, Thibodaux, Counsel for Applicant.

Richard P. Ieyoub, Attorney General, Walter Naquin, Jr., District Attorney, Louis Thaddeus Toups, Thibodaux, Counsel for Respondent.

Robert Stephen Glass, New Orleans, Counsel for Louisiana Association of Defense Lawyers, Amicus Curiae.

TRAYLOR, Justice.[*]

We granted writs in this matter to determine whether the 1995 legislative amendment to the compulsory safety belt law, La.Rev.Stat. Ann. 32:295.1,[1] allows law enforcement officers to lawfully detain motorists, solely on the basis of a suspected violation of that section. In the instant case, Defendant was stopped by a Louisiana State Trooper after he observed Defendant operating his vehicle without wearing a safety belt, in violation of the statute. After the initial traffic stop, Defendant *1237 was arrested for driving while intoxicated after failing a series of field sobriety tests administered by the trooper when Defendant displayed signs of intoxication. Thereafter, Defendant filed a motion to suppress the evidence obtained from the traffic stop, which was initiated solely as a result of Defendant's failure to comply with the safety belt statute. The trial court denied Defendant's motion and writs were denied by the court of appeal. For reasons more fully set forth below, we conclude that the 1995 amendment to the safety belt statute does not authorize the detention of a motorist on the basis of a suspected violation of that provision alone. Accordingly, the trial court erred in denying Defendant's motion to suppress evidence unlawfully seized as a result of the traffic stop.

FACTS AND PROCEDURAL HISTORY

On the afternoon of May 24, 1998, Trooper J.J. Blanchard observed Defendant operating his pickup truck without wearing a safety belt, while traveling southbound on La. Hwy. 1 in Lafourche Parish. In response, Trooper Blanchard initiated a traffic stop of Defendant. After exiting his vehicle, Defendant walked back toward Trooper Blanchard, who immediately noticed defendant's swayed balance, slurred speech, and the presence of a strong odor associated with an alcoholic beverage emanating from his breath. Based upon the foregoing observations, Trooper Blanchard conducted a series of field sobriety tests, which Defendant failed. Defendant was then arrested for driving while intoxicated[2] and issued a citation for failure to wear a safety belt, in violation of La.Rev.Stat. Ann. 32:295.1.

Defendant subsequently filed a motion to suppress evidence unlawfully obtained as a result of the traffic stop.[3] Defendant suggests that a plain reading of the text of La.Rev.Stat. Ann. 32:295.1(F), which provides that "[n]o vehicle, the contents of the vehicle, driver, or passenger in a vehicle shall be inspected, detained, or searched solely because of a violation of this Section," expressly prohibits law enforcement officers from stopping motorists for a safety belt violation only. Because defendant was stopped solely for the safety belt violation which, in turn, led to his arrest for DWI, he asserts that the evidence obtained by Trooper Blanchard during the stop is tainted by impropriety and should be suppressed.

At the hearing on the motion to suppress, the State stipulated that the stop of Defendant's vehicle by Trooper Blanchard was predicated solely on a violation of the safety belt statute. Following the hearing, the trial court denied defendant's motion, concluding that the amendment would be a "vain and useless" provision, unless members of law enforcement could stop motorists for failing to wear a safety belt. According to the trial judge, motorists may be stopped and ticketed for the safety belt violation, but the stop cannot culminate in an arrest for failure to wear a safety belt.[4] Defendant's application for writs to the court of appeal was denied.[5] We granted Defendant's application for review of the rulings by the lower courts. State v. *1238 Barbier, 98-2923 (La.2/5/99), 737 So.2d 732.

LAW AND DISCUSSION

The sole issue presented for consideration and resolution, is whether the 1995 amendment to La.Rev.Stat. Ann. 32:295.1 authorizes law enforcement officers to stop motorists, who are otherwise abiding by the law, for failure to wear a safety belt.[6]

As a general rule, law enforcement officers of this state are authorized by law to stop and question individuals who are reasonably suspected of past, present, or future criminal activity. La.Code.Crim. Proc. Ann. art. 215.1. However, the legislature has plenary authority to delineate and circumscribe the extent to which police may enforce the substantive criminal law. The provisions of La.Rev.Stat. Ann. 32:295.1 exemplify such an exercise of legislative prerogative. As amended by Acts 1995, No. 643, section 295.1(A)(1) provided that the driver of a passenger car, van, or pickup truck "shall have a safety belt properly fastened about his or her body at all times when the vehicle is in forward motion." Additionally, sub-section (F) provided:

No vehicle the contents of the vehicle, driver, or passenger in a vehicle shall be inspected, detained, or searched solely because of a violation of this Section.

It is well established that the task of statutory construction begins with an examination of the language of the statute itself. Touchard v. Williams, 617 So.2d 885 (La.1993). When the law is clear and unambiguous and its application does not lead to absurd consequences, the law shall be applied as written, and no further interpretation may be made in search of the intent of the legislature. La. Civ.Code. Ann. art. 9; Touchard, supra; Moore v. Gencorp, Inc., 93-0814 (La.3/22/94); 633 So.2d 1268.

After examining the text of the statute in its entirety, we conclude that La.Rev. Stat. 32:295.1 clearly and unambiguously prohibited law enforcement officers from stopping motorists solely for failure to "buckle up." Sub-section (F) plainly states that no vehicle, its contents, or persons within shall be "inspected, detained, or searched solely because of a violation of this Section." As previously noted, the State stipulated that Defendant was stopped solely because Trooper Blanchard observed him operating his vehicle without wearing a safety belt. In this instance, Defendant was indeed "detained" by Trooper Blanchard when he was stopped for the safety belt infraction. Once detained, Defendant was subjected to an inspection and a search for evidence of intoxication. A plain reading of the statute indicates that it did not afford law enforcement such authority.

We find the legislature, through its employment of the word "detained" in the statute, clearly and unequivocally expressed its intent to prohibit law enforcement officers from stopping,

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State v. Barbier, 743 So. 2d 1236, 1999 WL 694812 (La. 1999).

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