State v. Bible

389 So. 2d 42
CourtSupreme Court of Louisiana
DecidedSeptember 3, 1980
Docket66584
StatusPublished
Cited by13 cases

This text of 389 So. 2d 42 (State v. Bible) is published on Counsel Stack Legal Research, covering Supreme Court of Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Bible, 389 So. 2d 42 (La. 1980).

Opinion

389 So.2d 42 (1980)

STATE of Louisiana
v.
Verna BIBLE, Robert Steven Meziere and Billy W. Moore.

No. 66584.

Supreme Court of Louisiana.

September 3, 1980.
Rehearing Denied October 31, 1980.

*43 William J. Guste, Jr., Atty. Gen., Barbara Rutledge, Asst. Atty. Gen., Lowen B. Loftin, Dist. Atty., William R. Coenen, Jr., Asst. Dist. Atty., for plaintiff-appellee.

Carey J. Ellis, Ellis & Ellis, Rayville, for defendants-appellants.

LEMMON, Justice.

Defendants, Verna Bible, Billy Moore and Robert Meziere, have appealed their conviction of possession of marijuana with intent to distribute, the sole assignment of error being the trial court's refusal to grant their motion to suppress the evidence seized after a warrantless search.

I.

State Trooper Warner received information from a confidential informant on March 1, 1977 that Moore would be traveling from Texas in a blue and white Monte Carlo and would arrive at the J'Cal Trailer Park in Rayville during the early morning hours of March 2, 1977 to deliver marijuana to a person named Lingefelt. Trooper Warner knew the informant, who had previously made a controlled purchase of narcotics under Warner's supervision. Although the informant had never previously given Warner information which led to a narcotics arrest, he had given Warner drug-related information which Warner independently verified.

Later that evening Trooper Warner and two other officers went to the J'Cal Motel to establish a surveillance. From the motel room they observed Lingefelt in a trailer behind the motel. At about 12:15 a. m. (in the early morning hours of March 2, 1977) they saw a blue and white Monte Carlo arrive at Lingefelt's trailer. Trooper Payne recognized one of the passengers to be Billy Moore, having known him from Moore's prior involvement in illegal drug dealings. In fact Payne had previously purchased marijuana from Moore as an undercover agent during the closing months of 1976.

Defendant Meziere, the driver of the Monte Carlo, went to Lingefelt's trailer, and when Lingefelt came to the door, Moore opened the trunk of the Monte Carlo, took out a suitcase and a brown paper sack and took these articles into Lingefelt's trailer. *44 After a period of less than fifteen minutes, Moore left the trailer with the suitcase and replaced it in the trunk of the Monte Carlo. Moore and Meziere then entered the Monte Carlo and drove away in an easterly direction on Highway 80. Shortly thereafter Lingefelt left the trailer, carrying what appeared to be the same brown paper sack which Moore had previously brought into the trailer, and drove off in a truck, also heading east on Highway 80.

In the meantime Tooper Payne and the other officer, at Trooper Warner's instructions, had followed the Monte Carlo and set up a roadblock about three-fourths of a mile east of the motel. When the officers stopped the car, they ordered the occupants (Moore, Meziere and Miss Bible) to get out and advised them of their rights, but told them they were not under arrest.[1] Trooper Warner had instructed the officers not to search the vehicle, but merely to hold it and the defendants pending his arrival.

When Lingefelt left the motel, Trooper Warner followed him and stopped him before he reached the roadblock. Trooper Warner observed a brown paper sack on the front seat next to Lingefelt, which had the same appearance as the sack he had seen Moore bring to the trailer. Warner took possession of the sack and opened it, finding a cellophane bag that contained one pound of marijuana.

Armed with this additional information, Trooper Warner placed Lingefelt under arrest and proceeded immediately to the location where the defendants were being detained. Upon arrival at the Monte Carlo (which the evidence established was only a few minutes after the initial stop), Warner told the defendants that he intended to search the car. He obtained the keys, opened the trunk, and found and opened the suitcase, finding the marijuana which was the target of the defendants' motion to suppress.

II.

In determining whether probable cause may be found based on information from an unidentified informant, this court has followed the analysis outlined in Aguilar v. Texas, 378 U.S. 108, 84 S.Ct. 1509, 12 L.Ed.2d 723 (1964), and State v. Paciera, 290 So.2d 681 (La.1974). The facts must establish the informant's credibility as well as the reliability of the information supplied. The decision in State v. Tassin, 343 So.2d 681 (La.1977), noted that (1) the factors which support the credibility of an unidentified informant include prior accurate reports or any specific independent corroboration of the accuracy of the instant report and (2) the factors which support the reliability of the reported information include direct personal observation by the informant or, if the information came indirectly to the informant, detailed reasons with which to evaluate and credit the reliability of both the indirect source and of the indirectly obtained information.

As to the reliability of the information in this case, the tip did not represent the observation of an eyewitness, but it was sufficiently detailed to indicate that it was more than a "casual rumor circulating in the underworld". See Spinelli v. United States, 393 U.S. 410, 89 S.Ct. 584, 21 L.Ed.2d 637 (1969); State v. Wilson, 366 So.2d 1328 (La. 1978). The tip, as corroborated by surveillance, accurately described the automobile, the place to which the vehicle would deliver the marijuana, the person to whom the marijuana would be delivered, the person who would deliver the marijuana (a person known to the officers to be a drug dealer), and the approximate time of day when the transaction was to occur.

As to the credibility of the informant, Trooper Warner testified that the informant had previously supplied him with accurate information which, although not leading to an arrest, had been independently verified. While the informant's participation in controlled buys does not alone *45 pertinently establish credibility, the combination of all factors is sufficient to support an inference of credibility. See State v. Tassin, above. Significantly, this case is not one in which the sole basis for believing the informant was his participation in a single controlled purchase.

Furthermore, the tip in this case was independently verified by surveillance prior to the search of the Monte Carlo. As the surveillance progressed, the officers watched the informant's tale unfold before their eyes just as it had been told. While it is conceded that the conduct observed was consistent with innocent behavior, the tip gave the conduct the color of criminal activity. The defendants' behavior, together with Moore's known previous involvement with illegal drugs, added credibility to the informant's tale.

By the time Meziere drove the Monte Carlo away from the J'Cal Motel, the officers were certainly justified in stopping it, and even if they did not yet have probable cause to search, they certainly had enough information to justify stopping the car and temporarily detaining its occupants. At that point the officers unquestionably had an articulable basis for their suspicions, thereby justifying the initial stop. See State v. Jernigan, 377 So.2d 1221 (La.1979); State v. Jefferson, 284 So.2d 882 (La.1973).[2]

III.

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389 So. 2d 42, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-bible-la-1980.