State v. Benoit

817 So. 2d 11, 2002 WL 984304
Supreme Court of Louisiana·Decided May 14, 2002·No. 2001-KK-2712·Published·Cited by 30 cases

Opinion

817 So.2d 11 (2002)

STATE of Louisiana
v.
Tenna BENOIT, Jr.

No. 2001-KK-2712.

Supreme Court of Louisiana.

May 14, 2002.

*12 Richard P. Ieyoub, Attorney General, Paul D. Connick, Jr., District Attorney, Terry M. Boudreaux, Nancy A. Miller, for applicant.

Christopher B. Edwards, for respondent.

TRAYLOR, J.

Defendant, Tenna Benoit, Jr., was stopped by a Jefferson Parish Sheriffs Deputy after he was observed operating his vehicle without wearing a safety belt, in violation of La.Rev.Stat. 32:295.1. Defendant displayed signs of intoxication and after failing a field sobriety test was arrested for driving while intoxicated. Defendant filed and was denied a motion to suppress the evidence by the trial court but the motion was later granted by the court of appeal. We granted writs in this matter to determine whether under La. Rev.Stat. 32:295.1 as amended in 1999, an unauthorized inspection of the motorist was conducted in this case. For reasons more fully set forth below, we conclude that no unauthorized inspection occurred. Accordingly, we reverse the court of appeal and reinstate the trial court judgement.

FACTS AND PROCEDURAL HISTORY

On October 12, 2000, the defendant, Tenna J. Benoit, Jr., stopped his motor vehicle next to Deputy Russell Blanchard III of the Jefferson Parish Sheriff's Office on Highway 90 in Avondale, Louisiana. Deputy Blanchard observed that the defendant was operating a motor vehicle without wearing a safety belt in violation of La.Rev.Stat. 32:295.1(A)(1). Based on this observation, Blanchard stopped the defendant and instructed him to exit his vehicle and walk toward the police unit. Upon exiting the vehicle, Blanchard noticed that the defendant used his truck for balance and was unsteady on his feet. As the defendant approached Blanchard, the deputy also noticed that the defendant slurred his speech and that his breath smelled of alcohol. Blanchard performed a field sobriety test, which the defendant failed. The defendant was informed of his rights and subsequently refused to submit to a breath analyzer test. Blanchard arrested the defendant and the State charged the defendant with operating a motor vehicle while intoxicated, third offense.

The defendant subsequently filed a pro forma motion to suppress,[1] then, after a suppression hearing, supplemented the filing with a memorandum urging the district court to suppress the results of the field sobriety test. The district court denied the motion.

The court of appeal granted writs, mistakenly ordered the defendant's conviction reversed,[2] and remanded the case to the trial court. State v. Benoit, 01-0810 (La. App. 5 Cir. 8/21/01). In a terse order, the court of appeal concluded that La.Rev. Stat. 32:295.1 forbids arrest when an officer *13 first requests a defendant out of the vehicle, then detects signs of intoxication, and thus the trial court erred in denying the defendant's motion to suppress. Id. This court granted writs. State v. Benoit, 01-2712 (La.1/25/02), 806 So.2d 662.

LAW AND DISCUSSION

The sole issue presented for consideration and resolution is whether Deputy Blanchard violated La.Rev.Stat. 32:295.1(F) when he ordered the defendant from the car, observed the defendant struggle for balance and slur his speech, conducted a field sobriety test, and arrested the defendant. Simply put, the question before us is whether Deputy Blanchard conduct an unauthorized inspection or search of the person of the defendant.

As a general matter, statutory interpretation begins "as [it] must, with the language of the statute." Bailey v. United States, 516 U.S. 137, 116 S.Ct. 501, 506, 133 L.Ed.2d 472 (1995). Where a statute is clear and unambiguous, and its application does not lead to absurd results, 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 art. 9. Moreover, "[t]he plain meaning of legislation should be conclusive, except in the `rare cases [in which] the literal application of a statute will produce a result demonstrably at odds with the intentions of its drafters' [in which case] the intention of the drafters, rather than the strict language controls." United States v. Ron Pair Enterprises, Inc., 489 U.S. 235, 109 S.Ct. 1026, 1031, 103 L.Ed.2d 290 (1989) (quoting Griffin v. Oceanic Contractors, Inc., 458 U.S. 564, 102 S.Ct. 3245, 3250, 73 L.Ed.2d 973 (1982)).

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. 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 statute which led to the defendant's arrest in the instant case is clear and unambiguous. The Statute provides 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) as amended in 1999 provides:

Probable cause for violation of this Section shall be based solely upon a law enforcement officer's clear and unobstructed view of a person not restrained as required by this Section. A law enforcement officer may not search or inspect a motor vehicle, its contents, the driver, or a passenger solely because of a violation of this Section. (emphasis added).

Thus, we must determine if Blanchard searched or inspected the defendant solely because of the defendant's lack of a properly fastened safety belt.

It is clear that Blanchard stopped the defendant solely because of the defendant's failure to fasten his safety belt properly. Although once forbidden by previous versions of La.Rev.Stat. 32:295.1,[3] such a stop is acceptable under the current version of the Statute which was in effect at the time of defendant's arrest. Accordingly, Blanchard did not violate the Statute in stopping the defendant.

Next, we must determine whether Blanchard's actions subsequent to the stop were unlawful. Pertinent to this determination is whether Blanchard's actions of *14 ordering the defendant out of the car, then observing the defendant's gait, his speech, and detecting the scent of his exhalations, constitutes a search or inspection. Under current Fourth Amendment jurisprudence, Blanchard's conduct clearly does not constitute a search.

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

State v. Benoit, 817 So. 2d 11, 2002 WL 984304 (La. 2002).

817 So. 2d 11 (State v. Benoit) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

State Of Louisiana v. Ricky Guidry
Louisiana Court of Appeal, 2020
State v. Overstreet
263 So. 3d 1241 (Louisiana Court of Appeal, 2018)
State v. Bell
169 So. 3d 417 (Louisiana Court of Appeal, 2015)
State v. Evans
130 So. 3d 406 (Louisiana Court of Appeal, 2013)
State v. Bridges
104 So. 3d 657 (Louisiana Court of Appeal, 2012)
State v. Washington
104 So. 3d 401 (Supreme Court of Louisiana, 2012)
State v. Jones
76 So. 3d 608 (Louisiana Court of Appeal, 2011)
Barcia v. Louisiana Medical Malpractice Insurance Co.
67 So. 3d 659 (Louisiana Court of Appeal, 2011)
State v. M.C.
60 So. 3d 1264 (Louisiana Court of Appeal, 2011)
State v. Cooper
55 So. 3d 873 (Louisiana Court of Appeal, 2010)
State ex rel. T.C.
35 So. 3d 1088 (Louisiana Court of Appeal, 2010)
State v. Hunt
25 So. 3d 746 (Supreme Court of Louisiana, 2009)
Foti v. Holliday
27 So. 3d 813 (Supreme Court of Louisiana, 2009)
Borel v. Young
989 So. 2d 42 (Supreme Court of Louisiana, 2008)
State v. Thigpen
963 So. 2d 478 (Louisiana Court of Appeal, 2007)
State v. Gomez
947 So. 2d 81 (Louisiana Court of Appeal, 2006)
State v. Malone
912 So. 2d 394 (Louisiana Court of Appeal, 2005)
Opinion Number
Louisiana Attorney General Reports, 2005