State v. Bourg

470 So. 2d 291
CourtLouisiana Court of Appeal
DecidedMay 13, 1985
Docket84-KA-623
StatusPublished
Cited by13 cases

This text of 470 So. 2d 291 (State v. Bourg) 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. Bourg, 470 So. 2d 291 (La. Ct. App. 1985).

Opinion

470 So.2d 291 (1985)

STATE of Louisiana
v.
Darrell BOURG.

No. 84-KA-623.

Court of Appeal of Louisiana, Fifth Circuit.

May 13, 1985.

*292 Dorothy Pendergast, Asst. Dist. Atty., Research & Appeals, Gretna, for the State.

John H. Craft, Craft & Doskey, New Orleans, for defendant/appellant.

Before BOUTALL, BOWES and DUFRESNE, JJ.

BOWES, Judge.

On April 25, 1983, appellant, Darrell Bourg, was charged by a bill of information with violation of La.R.S. 14:67, theft of property with a value of more than $500.00. The defendant waived his right to a trial by jury and, on February 22, 1984, trial commenced before a judge of the 24th Judicial District Court. On February 29, 1984, Bourg was found guilty of theft of property valued at more than $100.00, but less than $500.00. A pre-sentence investigation report was ordered and, after receipt and review of same, the defendant was sentenced on May 16, 1984, to serve two years in the Jefferson Parish Correctional Center, suspended, conditioned on a successful completion of five years active probation. The conditions of probation included payment of a $1,000.00 fine, plus various judicial fees, restitution to the victim of $300.00, and the service of six months in the Jefferson Parish Correctional Center, with credit for time served.

From that conviction, the appellant appeals and argues the following assignments of error:

1. That the court erred in denying defendant's motion to suppress evidence.
2. The court erred in denying defendant's motion to suppress inculpatory statements.
3. The evidence presented against defendant was not sufficient to justify a verdict of guilty of theft of more than $100.00.
4. Also assigned as error are any and all errors patent on the face of the record.

Defendant argues on assignment number one that the application for the search warrant failed "to recite sufficient corroboration to justify that conclusion that probable cause to search appellant's home existed." Detective G.D. Caraway of the Jefferson *293 Parish Sheriff's Office prepared the warrant application. That application reads as follows:

On Monday, 11th April 1983, 10:00 a.m., Detective G.D. Caraway received information from an anonymous source, who stated that on the 1st April 1983, a subject by the name of DARRYL BOURG, went to the Houseworks at 1600 Westbank Expressway, Harvey, Louisiana, at which time he met with an unknown white male subject who manages the Lumber Department. This subject went on to state that DARRYL BOURG, at this time, gave this subject $100.00 in cash, at which time, the subject assisted him in stealing over $1,000.00 worth of lumber from Houseworks Store. Then anonymous source continued by stating that the Manager from Houseworks [sic] father, manages and owns the Casablanca Lounge, Gretna, Louisiana. It was further learned that the lumber taken from the store by DARRYL BOURG, with the assistance of the Manager, was delivered by DARRYL BOURG, to 2504 Claire Avenue, Gretna, Louisiana.
On the 11th April 1983, 1:00 p.m., Detective Caraway contacted the Jefferson Parish Sheriff's Office Vice Squad Section, at which time it was learned that the owner/manager of the Casablanca Lounge was a Julius J. Milan. It should be noted that the Casablanca Lounge is located next to the Flamingo Lounge, which is managed by the subject, DARRYL BOURG, who had stolen the lumber from Houseworks.
On the 11th April, 1983, 1:35 p.m., Detective Caraway checked the residence at 2504 Claire Avenue, Gretna, Louisiana, at which time he observed new lumber stacked on the south side of the residence, and observed an addition in the back of the residence, which was presently under construction.
On the 11th April 1983, 2:00 p.m., Detective Caraway spoke to Mr. Dick Felton, via telephone, at which time it was learned that an employee by the name of Randall Milan, was presently employed at the Houseworks Store, 1600 Westbank Expressway, Harvey, Louisiana, in the Lumber Department.
On the 11th April, 1983, 3:00 p.m., Detective Caraway was met at the Jefferson Parish Sheriff's Office Criminal Investigations Division, by Mr. Dick Felton, who is the head of Security for Houseworks Company. Mr. Felton, at this time, advised Detective Caraway that the subject Randall Milan, presently lives at 208 Broadway Drive, Gretna, La., and gave as a reference, his mother, Fae Milan, who also resides at 208 Broadway Drive, Gretna, Louisiana. Mr. Felton further advised Detective Caraway that Randall Milan's brother, Robert Milan, worked in delivery, and that he had listed Julius Milan as his reference.
On the 11th April 1983, 3:30 p.m., Detectives G.D. Caraway and G. Bayer arrived at 1600 Westbank Expressway, Harvey, Louisiana, Houseworks. Detectives Caraway and Bayer at this time met with Randall T. Milan, male caucasian, dob: 9-25-63 who after having been read his rights per Miranda gave Detectives Caraway and Bayer a statement in reference to him and Darryl Bourg stealing approximately 40 sheets of CDX plywood, 40—2 × 4's and 40—2 × 6's.
On the 17th April, 1983, 4:05 p.m., Detectives Caraway and Bayer arrived at the Jefferson Parish Sheriff's Office Criminal Investigation Division with arrested subject, Randall Milan, who was once again read his rights per Miranda. Mr. Milan at this time signed a Jefferson Parish Sheriff's Office Rights of Arrestee or Suspects and Waiver of Rights form. Mr. Milan then gave Detective Caraway a written statement in reference to his assisting Darryl Bourg in stealing the aforementioned lumber.
On the 11th April 83, 4:45 p.m., Detective Caraway checked the HAINES DIRECTORY to see who resided at 2504 Claire Avenue, Gretna, Louisiana, at which time it was learned that the registered *294 owner according to the directory was Kenneth Bourg.
Based on the aforementioned facts and information, Detective Caraway requested that a search warrant be issued for 2504 Claire Avenue, Gretna, Louisiana.

Prior to trial, at a Motion to Suppress hearing, the district judge reviewed the application and affidavit for the search warrant and determined that probable cause for the search warrant was stated therein. The Motion to Suppress was therefore denied.

It is well-settled that a search warrant may issue only upon probable cause established to the satisfaction of the issuing judge, by the affidavit of a credible person, reciting facts establishing the cause for issuance of the warrant. United States Constitution Amendment IV; Louisiana Constitution 1974, Article I, Section 5; LSA C.Cr.P. Article 162. Probable cause exists when facts and circumstances within the affiant's knowledge, and of which he has reasonably trustworthy information, are sufficient to support a reasonable belief that an offense has been committed and that evidence or contraband may be found at the place to be searched. State v. Tate, 407 So.2d 1133 (La.1981); State v. Mena, 399 So.2d 149 (La.1981); State v. Ditcharo, 441 So.2d 326 (La.App. 5th Cir.1983); State v. Williams, 432 So.2d 1003, writ denied 435 So.2d 439 (La.App. 1st Cir.1983).

In Aguilar v. Texas, 378 U.S. 108, 84 S.Ct.

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

Related

State v. Redditt
868 So. 2d 704 (Louisiana Court of Appeal, 2003)
State v. Goodley
820 So. 2d 478 (Supreme Court of Louisiana, 2002)
State v. Hampton
782 So. 2d 1045 (Louisiana Court of Appeal, 2001)
State v. Bolton
739 So. 2d 364 (Louisiana Court of Appeal, 1999)
State v. Monterroso
685 So. 2d 249 (Louisiana Court of Appeal, 1996)
State v. Boyd
649 So. 2d 80 (Louisiana Court of Appeal, 1994)
State in Interest of KW
632 So. 2d 5 (Louisiana Court of Appeal, 1994)
State v. Fedrick
614 So. 2d 723 (Louisiana Court of Appeal, 1993)
State v. Jenkins
573 So. 2d 218 (Louisiana Court of Appeal, 1990)
State v. Sanders
558 So. 2d 785 (Louisiana Court of Appeal, 1990)
State v. Bruce
556 So. 2d 129 (Louisiana Court of Appeal, 1990)
State v. Keife
504 So. 2d 1114 (Louisiana Court of Appeal, 1987)
State v. Bourg
475 So. 2d 354 (Supreme Court of Louisiana, 1985)

Cite This Page — Counsel Stack

Bluebook (online)
470 So. 2d 291, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-bourg-lactapp-1985.