State v. Beasley

430 So. 2d 1273
CourtLouisiana Court of Appeal
DecidedApril 5, 1983
Docket82 KA 0838, 82 KA 0839
StatusPublished
Cited by9 cases

This text of 430 So. 2d 1273 (State v. Beasley) 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. Beasley, 430 So. 2d 1273 (La. Ct. App. 1983).

Opinion

430 So.2d 1273 (1983)

STATE of Louisiana
v.
Troy G. BEASLEY.
STATE of Louisiana
v.
Jeffery M. ROMERO.

Nos. 82 KA 0838, 82 KA 0839.

Court of Appeal of Louisiana, First Circuit.

April 5, 1983.

*1274 Stephen E. Caillouet, Asst. Dist. Atty., Thibodaux, for plaintiff.

F. Smith Knobloch, Asst. Indigent Defender, Thibodaux, for defendants Troy G. Beasley and Jeffery M. Romero.

*1275 Before LOTTINGER, COLE and CARTER, JJ.

CARTER, Judge.

Defendants, Troy G. Beasley and Jeffery M. Romero, were each originally charged with possession of cocaine in violation of La.R.S. 40:967 and with possession of marijuana in violation of La.R.S. 40:966. Defendants initially entered pleas of not guilty and filed motions to suppress. The charge of possession of cocaine against Romero was subsequently dropped and Romero changed his plea to guilty of possession of marijuana. Defendant Beasley withdrew his plea of not guilty to possession of cocaine and entered a plea of guilty to this charge.[1] Both of the defendants reserved their rights under pending motions to suppress and to appeal. After a consolidated hearing on the motions to suppress, the trial court denied the motions and ordered a pre-sentence investigation.

Romero was subsequently sentenced to serve six months in the parish jail and ordered to pay a fine of $500.00. Beasley was sentenced to serve five years with the Louisiana Department of Corrections and ordered to pay a fine of $5,000.00; provided, however, that upon Beasley's paying the fine and court costs, the five year sentence with the Department of Corrections was suspended and the defendant placed on active supervised probation for a period of five years with a special condition that he serve one year in the parish prison and report to a drug abuse center for evaluation and treatment if necessary.

Each defendant appeals the trial court's denial of the motion to suppress, and Beasley also appeals contending that his sentence was excessive. These cases were consolidated by this Court, ex proprio motu.

On January 1, 1982, at about 2:40 in the afternoon, Troopers Hyatt and Smith of the Louisiana State Police were on routine patrol on U.S. Highway 90 when they observed a brown Camaro backed into a driveway leading into a farmer's pasture. One officer testified that the vehicle was approximately 30 or 40 feet from the travelled portion of the roadway in a "kind of like obscured area." The location on U.S. Highway 90 was just west of the Queen Bee Lounge off the westbound lane. After observing the parked vehicle, the police officers turned their vehicle around and proceeded back pulling their patrol vehicle into the driveway so as to be headlight-to-headlight with the parked vehicle. Trooper Louis Hyatt testified as follows:

"Q. Can you explain to the Court what were the circumstances in which you encountered him or them on that day?
A. Yes, sir. We were driving down, I was with Trooper Smith I was a training officer at that time. We were patrolling east on U.S. 1-90, correction U.S. 90, and off to our left we observed a brown Camero backed up into a farmer's pasture. The car was backed up in there and it's kind of like obscured area and we passed by and could see some people in the car and felt that it would be a wise thing to check and see why they were parked in that area. So we turned around and came back and pulled our patrol in to the driveway so we'd have been headlight-to-headlight. Parked in with them. And when we did we observed the passenger in the front, everyone in the car looked like they got real excited, because, on the sight of the police. The passenger started ducking down looking like he was trying to stuff something under the seats and stuff. Then he jumps out of the car and he starts screaming `I can't believe this. I *1276 can't believe this.' and you know he was darting all over the place and he was real frantic.
Q. Do you who, which passenger was that?
A. That would have been Mr. Romero, I belive. Yeah, Mr. Jeffrey Romero.
Q. Prior to that time did you order him out of the car or anything?
A. No, sir. I just, I was trying to get out of my car myself when all this, you know, took place.
Q. Did you get out of your car first or did Mr. Romero get out of his car first?
A. We both exited about the same time.
Q. OK, and what did you do after that?
A. Well, sir, I tried to contain him first `cause I don't know what's this fella going to do, you know. So I tried to contain him and hold on to him and see what he was going to do `cause I don't know if the guy's got anything in his pockets or anything like this. I'm trying to, you know, calm him down and contain him and see why he's reacting this way to me. So we tried to contain him first."

After restraining Romero, Beasley stepped out of the vehicle and was frisked, and Officer Hyatt walked over and looked inside the car. He observed a lady in the backseat holding a baby. On the front seat passenger side of the vehicle, he observed orange syringe cap covers, clear plastic triangular bags that contained a white crystalline type powder, and a three to four inch long plastic stick that had a white residue powder on the tip end of it. He also observed a couple of roach clips hanging inside the car. The officers immediately advised Beasley, Romero, and the female passenger of their Constitutional rights and called for a narcotics officer to come to the scene. Upon the arrival of the narcotics officer, the officers again advised Beasley and Romero of their rights and obtained a signed written advice of rights form. In addition, Beasley signed a written consent to search his vehicle. Trooper Hyatt handed the narcotics officer the clear plastic triangular bags that contained a white crystalline powder and a handrolled marijuana cigarette. A search of the vehicle revealed a clear plastic bag of marijuana, and several small clear plastic packages containing cocaine, together with smoking paraphernalia. A search of the trunk revealed a large bag containing sixteen smaller clear plastic bags of marijuana.

ASSIGNMENT OF ERROR NO. 1

In the defendants' first assignment of error, they allege that the trial judge erred in denying their motion to suppress the contraband. Defendants argue that the contraband was seized as a result of an unlawful search because the officers lacked probable cause to even approach the vehicle. Defendants assert that the law officers obviously violated La.C.Cr.P. art. 215.1[2], in that they were stopped in a public place by officers who did not reasonably believe that they were committing, had committed, or were about to commit an offense.

*1277 Defendants' reliance upon La.C. Cr.P. art. 215.1 is misplaced. We agree that the officers initially had no knowledge that a crime was being committed, had been committed, or was about to be committed. Officer Hyatt testified that he "felt like it would be a wise thing to check and see why they were parked in that area." The record does not reflect that the officers had any idea that there was criminal activity afoot. However, La.C.Cr.P. art. 215.1 is not applicable because we find that the encounter initiated by the officers was lawful. Police must have probable cause to arrest an individual and reasonable cause to detain an individual in a public place.[3]

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

Related

State v. Pichon
977 So. 2d 306 (Louisiana Court of Appeal, 2008)
State v. Gauthier
741 So. 2d 791 (Louisiana Court of Appeal, 1999)
State v. Ducre
604 So. 2d 702 (Louisiana Court of Appeal, 1992)
State v. Williams
588 So. 2d 1239 (Louisiana Court of Appeal, 1991)
State v. Priestley
478 So. 2d 647 (Louisiana Court of Appeal, 1985)
State v. Cotton
471 So. 2d 1017 (Louisiana Court of Appeal, 1985)
State v. Washington
444 So. 2d 320 (Louisiana Court of Appeal, 1983)
State v. Lewis
434 So. 2d 1261 (Louisiana Court of Appeal, 1983)

Cite This Page — Counsel Stack

Bluebook (online)
430 So. 2d 1273, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-beasley-lactapp-1983.