State v. Bass

595 So. 2d 820, 1992 WL 36487
CourtLouisiana Court of Appeal
DecidedFebruary 26, 1992
Docket23418-KA
StatusPublished
Cited by14 cases

This text of 595 So. 2d 820 (State v. Bass) 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. Bass, 595 So. 2d 820, 1992 WL 36487 (La. Ct. App. 1992).

Opinion

595 So.2d 820 (1992)

STATE of Louisiana, Appellee,
v.
Todd B. BASS, Appellant.

No. 23418-KA.

Court of Appeal of Louisiana, Second Circuit.

February 26, 1992.
Writ Denied May 15, 1992.

*821 W. Charles Brown, Indigent Defender, Mansfield, for appellant.

Richard Ieyoub, Atty. Gen. and Don M. Burkett, Dist. Atty., for appellee.

Before MARVIN, HIGHTOWER and BROWN, JJ.

BROWN, Judge.

Defendant, Todd Burton Bass, appeals from a conviction of first degree murder entered after a jury trial. Because the jury was unable to agree on a penalty, Bass was sentenced to life imprisonment. We deny the appeal and affirm defendant's conviction.

*822 The victim, Gerald Moberly, was defendant's parole officer. Bass, who was 21 years old, resided with his parents in Mansfield. On October 23, 1990 Moberly went to Bass's home to execute a misdemeanor arrest warrant from a neighboring parish. Gary Hobbs, a Mansfield police officer, accompanied Moberly. Bass was permitted to go into a bedroom to change clothes. While in the bedroom Bass shot Officer Moberly once in the right arm. The bullet went through the arm and into the chest where it lacerated major blood vessels and both lungs.

After Officer Moberly was shot, a gun fight erupted between defendant and the two officers. Defendant was wounded and fled the house after dropping his weapon. Officer Moberly recovered defendant's .22 caliber revolver and requested that Hobbs take him to the DeSoto General Hospital. Officer Moberly was air lifted from DeSoto General to Schumpert Memorial Hospital in Shreveport where he died.

Bass's claim of self-defense was rejected by the jury. On appeal defendant argues that the search and seizures following the shooting exceeded constitutional limits and that his statements after arrest were wrongly admitted into evidence.

Defendant's motion to suppress evidence seized following the shooting was based solely on the belief that Officer Moberly was effecting an unconstitutional arrest. All evidence presented by defendant at the hearing on the suppression motion related to the legitimacy of Officer Moberly's presence at defendant's residence.

A review, however, of the testimony at both the suppression hearing and trial is necessary to obtain a chronicle of the events leading to the seizures of evidence. Bass was on parole from a prior burglary conviction when Officer Moberly received notification that an arrest warrant for simple battery had been issued for Bass from the Natchitoches City Court. Initially Moberly had Bass telephoned by the police dispatcher and Bass agreed to come to the police station in Mansfield. Thereafter, a telephone call from Bass's mother was received requesting that Moberly come to the Bass residence. Moberly sought support from the Mansfield police department and Officer Hobbs agreed to assist. At approximately 9:15 p.m. the two officers arrived at the Bass home.

Moberly was met outside by defendant's mother who was upset over the pending arrest. The mother directed Moberly into the house and to the master bedroom where Bass was talking on the telephone. Bass was also unsettled over the arrest warrant and wanted to change clothes as he was dressed in insulated underwear. Bass went to his bedroom then returned to the master bedroom. After Bass requested privacy, Officer Hobbs waited in the hall with the mother. Moberly, however, stayed in the bedroom. Hobbs saw Moberly being shot and immediately took a defensive position. The house then exploded in gunfire with Bass, Hobbs and Moberly shooting. Bass was wounded, dropped his weapon and fled. Moberly took the fallen.22 caliber revolver and asked Hobbs to take him to the hospital. Mrs. Bass also was wounded and left the scene for medical treatment.

At least three patrol officers arrived on the scene and searched the house for defendant. Thereafter two detectives joined these officers and once more searched the house for defendant. No evidence was seized during these two intrusions.

According to police radio logs defendant was taken into custody at his uncle's home that night at 10:23 p.m. by Mansfield Police Chief Don English. After learning of the arrest, the two detectives then entered the Bass house for a crime scene search. They photographed the inside of the house, seized Moberly's handcuffs and nine empty casings that were ejected from Hobbs' 9 mm pistol. The search ended around midnight. The house was secured by the use of evidence tape.

The following day the detectives obtained a search warrant to reenter the Bass home. They videotaped the scene and recovered Moberly's .357 magnum revolver and its six fired shells. Spent bullets were also recovered but it is not clear whether *823 some or all were taken the night of the shooting or the following day.

The defense has the burden of asserting the basis for its motion to suppress. LSA-C.Cr.P. Art. 703 E. The state is entitled to adequate notice so that it will have an opportunity to present evidence and address the issue. Defendant is limited on appeal to the grounds articulated at trial. A new basis, even if meritorious, cannot be raised for the first time on appeal. State v. Johnson, 389 So.2d 372 (La. 1980); State v. Stokes, 511 So.2d 1317 (La. App.2d Cir.1987), writ denied, 516 So.2d 129 (1987). Defendant raised only the question of Officer Moberly's appearance at the Bass home as grounds to suppress all evidence seized after the shooting. Defendant relied solely on Payton v. New York, 445 U.S. 573, 100 S.Ct. 1371, 63 L.Ed.2d 639 (1980), to suppress the evidence seized claiming that "a warrantless arrest of a person in his home is unconstitutional, illegal and invalid." No other grounds were presented or argued at the suppression hearing and at trial no objection was offered to the introduction of the seized evidence.

Officer Moberly received legitimate notification of the commission by defendant of a misdemeanor and obtained a copy of the arrest warrant from Natchitoches. The warrant for defendant's arrest was facially valid and issued by a neutral and detached city judge. Either the notification or the copy of the warrant established probable cause to take Bass into custody for violating the conditions of his parole. Under LSA-R.S. 15:574.8, this probable cause was more than sufficient to allow a parole officer to enter and search the home to accomplish the arrest. State v. Shrader, 593 So.2d 457 (La.App. 2d Cir.1992); State v. Epperson, 576 So.2d 96 (La.App. 2d Cir.1991). Further, the Payton arrest warrant requirement is not applicable to a search of a parolee's home for the purpose of arresting him for violating a condition of his parole. Griffin v. Wisconsin, 483 U.S. 868, 107 S.Ct. 3164, 97 L.Ed.2d 709 (1987); U.S. v. Harper, 928 F.2d 894 (9th Cir.1991).

In addition, Officer Moberly received consent to enter the residence. The testimony of Mansfield Police radio dispatcher, Elaine Temple, showed that she called Bass at Officer Moberly's request and that Bass agreed to come to the police station. Thereafter, Bass's mother telephoned and said defendant had been sick and requested an officer come to their home. When Moberly and Hobbs arrived Mrs. Bass voluntarily took them inside to the bedroom.

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Cite This Page — Counsel Stack

Bluebook (online)
595 So. 2d 820, 1992 WL 36487, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-bass-lactapp-1992.