State v. Barre

592 So. 2d 440, 1991 La. App. LEXIS 3474, 1991 WL 272525
CourtLouisiana Court of Appeal
DecidedDecember 11, 1991
DocketNo. 91-KA-545
StatusPublished
Cited by2 cases

This text of 592 So. 2d 440 (State v. Barre) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Barre, 592 So. 2d 440, 1991 La. App. LEXIS 3474, 1991 WL 272525 (La. Ct. App. 1991).

Opinion

GOTHARD, Judge.

The defendant, Ray A. Barre, appeals denial of his motion to suppress the evidence, filed in defense against a charge of possession of cocaine.

On September 26, 1990, the defendant was charged by bill of information with possession of cocaine in violation of LSA-R.S. 40:967. The trial judge denied defendant’s motion to suppress on March 13, [442]*4421990, having held a hearing and requested briefs from both sides.

Defendant subsequently withdrew his earlier plea of not guilty and, after being advised of his rights, entered a plea of guilty to possession of cocaine. Defendant’s plea was entered pursuant to State v. Crosby, 338 So.2d 584 (La.1976), thereby reserving his right to appeal the denial of his motion to suppress.

Following a pre-sentence investigation, defendant was sentenced on May 2, 1991, to three years at hard labor. Execution of the sentence was suspended and defendant was placed on three years active probation with the special condition that he serve one year in parish prison. The court allowed defendant to keep his job, with the understanding that he report to jail each day immediately after work. This appeal followed.

Testimony at the suppression hearing revealed the following facts. On September 8, 1990, at approximately 2:10 a.m., four officers (Detective Breedy, Deputy Dominick, Sergeant Simoneaux, and Corporal Pet-it) of the St. Charles Parish Sheriffs Office, Narcotics Division, were patrolling a high crime area in Hahnville pursuant to a task force detail. The purpose of the task force was to concentrate police patrols in high crime areas, namely in areas of violent crime and drug dealings, with the intent of suppressing the crime.

While patrolling the area of Morgan Street in Hahnville, the four officers, travelling in two marked police units, observed a vehicle parked in a shell area directly across from what was known at one time as the Purple Rain Bar. The officers observed defendant in the driver’s seat speaking through the open window to a man later identified as Lyle Gros. As the marked units approached, Gros began to walk away in the opposite direction. Because of the lateness of the hour and the high crime nature of the area, the officers felt that further investigation was warranted.

Sergeant Simoneaux and Corporal Petit, who were in the lead police unit, approached Gros, while the second unit containing Detective Breedy and Deputy Dominick pulled alongside defendant’s vehicle. At that point defendant exited his vehicle, closed the door, and proceeded to stand outside the vehicle by the front fender. As Deputy Dominick questioned ' defendant, Detective Breedy shined a flashlight into the vehicle through the driver side window, which was rolled down. On the floorboard of the vehicle in plain view the officer spotted a steak knife with a blade of approximately seven inches.

Detective Breedy then opened the vehicle door in order to secure the weapon for safety reasons. As he reached down to retrieve the weapon, he observed, immediately next to the knife, a red plastic tray which contained a small plastic wrapping with a powdery residue. Based on his experience, Detective Breedy believed that the powdery residue was cocaine. Feeling further investigation was warranted, he took custody of this plastic parcel. As the officer pushed up on the seat to leave the vehicle, he observed a second plastic parcel which contained an off-white rock-like substance consistent in appearance with crack cocaine.

Breedy took possession of this second parcel, exited the vehicle and informed defendant of his findings. A field test was then conducted by Sergeant Oubre on the rock-like substance, which proved positive for the presence of cocaine. After a field test, Detective Breedy immediately advised defendant of his rights and placed him under arrest.

Assignment of Error

The defendant’s appeal is limited to one assignment of error: The trial court erred in not suppressing the evidence that was seized by police officers in the search of defendant’s vehicle.

Defendant argues that the arresting officer had no specific and articulable facts to suspect him of any possible criminal activity, and therefore, the officers were not justified in stopping defendant pursuant to Terry v. Ohio, 392 U.S. 1, 88 S.Ct. 1868, 20 L.Ed.2d 889 (1968). All evidence seized from defendant without a warrant was the [443]*443fruit of an illegal detention, and therefore, the motion to suppress should have been granted.

In U.S. v. Sokolow, 490 U.S. 1, 109 S.Ct. 1581, 104 L.Ed.2d 1 (1989), the Supreme Court discussed the Terry type investigatory stop and the standard to be used in establishing the existence of reasonable suspicion. In Sokolow, 109 S.Ct. at 1585, the Supreme Court stated:

In Terry v. Ohio, 392 U.S. 1, 30, 88 S.Ct. 1868, 1884-85, 20 L.Ed.2d 889 (1968), we held that the police can stop and briefly detain a person for investigative purposes if the officer has a reasonable suspicion supported by articulable facts that criminal activity “may be afoot,” even if the officer lacks probable cause.
The officer, of course, must be able to articulate something more than an “inchoate and unparticularized suspicion or ‘hunch’.” Id., at 27, 88 S.Ct. at 1883. The Fourth Amendment requires “some minimal level of objective justification” for making the stop. INS v. Delgado, 466 U.S. 210, 217, 104 S.Ct. 1758, 1763, 80 L.Ed.2d 247 (1984). That level of suspicion is considerably less than proof of wrongdoing by a preponderance of the evidence. We have held that probable cause means “a fair probability that contraband or evidence of a crime will be found,” Illinois v. Gates, 462 U.S. 213, 238, 103 S.Ct. 2317, 2332, 76 L.Ed.2d 527 (1983), and the level of suspicion required for a Terry stop is obviously less demanding than that for probable cause. See United States v. Montoya de Hernandez, 473 U.S. 531, 541, 544, 105 S.Ct. 3304, 3312, 87 L.Ed.2d 381 (1985).
The concept of reasonable suspicion, like probable cause, is not “readily, or even usefully, reduced to a neat set of legal rules.” Gates, supra, 462 U.S., at 232,103 S.Ct., at 2329_ In evaluating the validity of a stop such as this, we must consider “the totality of the circumstances — the whole picture.” United States v. Cortez, 449 U.S. 411, 417, 101 S.Ct. 690, 695, 66 L.Ed.2d 621 (1981)....

In State v. Davis, 547 So.2d 1367, 1375 (La.App. 5th Cir.1989), writ denied, 556 So.2d 53 (La.1990), this Court discussed Sokolow, stating as follows:

A fair reading of the Sokolow

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State v. Neville
986 So. 2d 884 (Louisiana Court of Appeal, 2008)
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842 So. 2d 330 (Supreme Court of Louisiana, 2003)

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Bluebook (online)
592 So. 2d 440, 1991 La. App. LEXIS 3474, 1991 WL 272525, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-barre-lactapp-1991.