State v. Boksham

370 So. 2d 491
CourtSupreme Court of Louisiana
DecidedMarch 5, 1979
Docket62873, 62433
StatusPublished
Cited by11 cases

This text of 370 So. 2d 491 (State v. Boksham) 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. Boksham, 370 So. 2d 491 (La. 1979).

Opinion

370 So.2d 491 (1979)

STATE of Louisiana
v.
Richard G. BOKSHAM.
STATE of Louisiana
v.
Edward BOGLE, Robert M. Hoskins, Jr., Thomas M. Gorman.

Nos. 62873, 62433.

Supreme Court of Louisiana.

March 5, 1979.

*492 Ferdinand J. Kleppner, Grisbaum & Kleppner, Metairie, Edwin Marger, Atlanta, Ga., for defendants-appellants-relators.

William J. Guste, Jr., Atty. Gen., Barbara Rutledge, Asst. Atty. Gen., William C. Pegues, III, Dist. Atty., David W. Burton, Asst. Dist. Atty., for plaintiff-appellee-respondent.

CUTRER, Justice Ad Hoc.[*]

Defendants Richard G. Boksham, Edward Bogle, Robert M. Hoskins, Jr., and Thomas M. Gorman, together with Christopher R. Garrett, were jointly charged with possession of marijuana with intent to distribute, in violation of La.R.S. 40:966. After a bench trial, defendants Bogle, Hoskins and Gorman were found guilty of the charged offense, defendant Boksham was found guilty of the lesser offense of possession of marijuana, and Garrett was acquitted. Defendants Gorman and Bogle were each sentenced to serve seven and one-half years at hard labor and each fined fifteen thousand dollars, on default *493 to serve an additional year. Defendant Hoskins was sentenced to serve five years at hard labor and fined fifteen thousand dollars, on default to serve an additional year. Defendant Boksham was sentenced to serve six months in the parish jail and fined five hundred dollars, on default to serve one hundred days in the parish jail. Defendants Bogle, Hoskins and Gorman have appealed; we granted defendant Boksham's application for supervisory writs[1] in order to consider conjointly their corresponding claims. Their consolidated brief raises 115 assignments of error in 31 arguments relating to the issuance of a search warrant and various other alleged errors in the proceedings. Because we find merit to defendants' assignments of error challenging the probable cause finding for the issuance of the search warrant, we pretermit consideration of defendants' other assignments of error.

The context facts were as follows: On June 27, 1977, a search warrant was issued for the search of a Beauregard Parish farm, located east of Bundicks Lake, belonging to defendant Gorman. In executing the warrant that day, state and local law enforcement officers searched the farm house and several vehicles located on the property, including three cargo-type trucks parked on the premises. They seized almost 3,000 pounds of bailed marijuana from the cargo area of one of the trucks. The search of the residence yielded sums of United States and Canadian currency and scales presumably used to weigh the marijuana, as well as a small amount of marijuana and some cigarette rolling papers. The occupants of the residence at the time of the search, Richard Boksham, Robert Hoskins, Jr., Thomas Gorman and Christopher Garrett, were arrested. Edward Bogle, who was not on the farm at the time of the search, was also arrested.

The investigation leading to the search was initiated by U. S. Customs officials who, suspecting that marijuana was being smuggled into Southwest Louisiana, contacted state and local officials and requested their assistance in the surveillance activities. Surveillance of the Beauregard Parish farm commenced June 17, 1977, when a state trooper followed, from Lake Charles to the farm, a vehicle suspected of being involved in the illegal drug traffic. Officers then set up a surveillance post in a camper near the farm driveway entrance in order to monitor incoming and outgoing traffic. Involved in the surveillance activity were several officers who logged their observations of the driveway traffic. Four cargo-type trucks, as well as pickup trucks and automobiles, were observed entering and leaving the farm driveway. Some of the vehicles were observed going to and from a LaRose warehouse. Surveillance of the driveway, however, revealed no apparent illegal activity.

On June 25, 1977, at about 10:16 P.M., officers noted that a Ryder rental cargo truck entered the farm. It left the farm the next morning, under the surveillance of Louisiana and Texas law enforcement officials who followed it to a motel in Austin, Texas, and then to a farm southwest of Austin. About a half-hour after the truck departed from the Texas farm, Texas officials stopped and searched it. Marijuana sweepings and the odor of marijuana were noted by officers. On the next day, June 27, 1977, Louisiana officials related the following information in their application for the search warrant which resulted in the seizure of bulk marijuana from the Beauregard Parish farm and the arrest of defendants:

The reasons and facts for the request of this Search Warrant are:
U. S. Customs Officials had under investigation a group of known smugglers operating in the State of La. Said smugglers had obtained a warehouse near Larose, La., and a residence in Beauregard Parish, La. Customs Officials had followed numerous vehicles from the warehouse near Larose, La., to the residence in Beauregard Parish, La., and vice versa. In excess of fifteen vehicles had been monitored going to and coming from the warehouse to the residence in Beauregard Parish.
*494 In approximately the middle of May, 1977, U. S. Customs Officials contacted Region II, La. State Police, in Lafayette, whereupon the La. State Police began to assist in the surveillance.
On approximately Friday, June 17, 1977, the La. State Police Region III Narcotics Officers including your affiants, Edsil Smith and Jodie Dowden, set up a 24 hour surveillance of the drive way to the Beauregard Parish residence.
During the period between June 17, 1977, and June 23, 1977, numerous vehicles, including approximately 4 2½-5 ton cargo trucks entered and left the Beauregard Parish farm. Two of the cargo trucks were under constant surveillance by La. State Police Officers and U. S. Customs Officials, including affiants, Edsil Smith and Jodie Dowden. Both of said Cargo trucks were followed to the warehouse near Larose, La., on the intercoastal canal, just East of the new intercoastal bridge. This warehouse was also under 24 hour surveillance by officers of the La. State Police and U. S. Customs Officials.
At approximately 1:00 A.M. on June 24, 1977, two (2) large trucks, one of which was a 22 foot Ryder Rental cargo truck, entered the farm, or residence, in Beauregard Parish, La. At approximately 10:00 o'clock A.M., on June 24, 1977, the unidentified truck left the Beauregard Parish farm, or residence.
At approximately 7:03 o'clock A.M., on June 25, 1977, the 22 foot Ryder truck left the Beauregard Parish farm, or residence. At approximately 10:16 o'clock P.M., an 18 foot Ryder Rental cargo truck entered the Beauregard Parish farm, or residence. It departed the residence the next morning, June 26, 1977, at approximately 8:32 o'clock A.M. This vehicle was accompanied by a white double cab pick up truck with dual wheels. Ground surveillance of the two vehicles from the Beauregard Parish farm, or residence, to DeQuincy, La., was performed by all of affiants. Air surveillance of the two vehicles was performed by Sheriff Bolivar Bishop, Beauregard Parish, La., Dwayne Cooley, and Ivan Derrick from DeQuincy, La., to approximately 5 miles west of Bastrop, Texas. Ground surveillance from DeQuincy, La., to Austin, Texas, was performed by La. State Police officers Danny Dougherty and Joe White, who traveled in separate vehicles, and U. S. Customs Service Agents, Melvin Scheef and E. D.

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370 So. 2d 491, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-boksham-la-1979.