State v. Bracken

506 So. 2d 807
CourtLouisiana Court of Appeal
DecidedApril 14, 1987
Docket86 KA 1174
StatusPublished
Cited by18 cases

This text of 506 So. 2d 807 (State v. Bracken) 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. Bracken, 506 So. 2d 807 (La. Ct. App. 1987).

Opinion

506 So.2d 807 (1987)

STATE of Louisiana
v.
William E. BRACKEN, III.

No. 86 KA 1174.

Court of Appeal of Louisiana, First Circuit.

April 14, 1987.

*808 Bryan Bush, Dist. Atty., Office of the Dist. Atty., Baton Rouge, by Kay Howell, Asst. Dist. Atty., for plaintiff-appellee.

Richard E. Chaffin, Baton Rouge, for defendant-appellant.

Before EDWARDS, WATKINS and Le BLANC, JJ.

WATKINS, Judge.

William E. Bracken, III, was indicted by the East Baton Rouge Parish grand jury for aggravated rape and aggravated burglary in violation of LSA-R.S. 14:42 and 60, respectively. Defendant pled not guilty to both charges. Thereafter, the defense filed motions to suppress physical evidence and any confession or inculpatory statement. The trial court denied the motions. Defendant withdrew his former not guilty pleas and pled guilty to an amended charge of forcible rape, which is responsive to the charge of aggravated rape.[1]See LSA-C. *809 Cr.P. art. 558. He reserved his right to appellate review of the trial court's denial of his motions to suppress. See State v. Crosby, 338 So.2d 584 (La.1976). The court sentenced defendant to serve a twenty year term of imprisonment at hard labor, with the first two years being without benefit of probation, parole, or suspension of sentence.

Defendant now appeals, alleging three assignments of error:

1. The trial court erred by denying defendant's motion to suppress physical evidence.

2. The trial court erred by denying defendant's motion to suppress his confession.

3. The trial court erred by denying defendant's motion to compel disclosure of the initial offense report. The record does not reflect that defendant reserved his right under Crosby, supra, to appellate review of assignment three. Furthermore, assignment three was not briefed on appeal and is, therefore, considered abandoned. Uniform Rules—Courts of Appeal, Rule 2-12.4.

Evidence adduced at the suppression hearing reveals that East Baton Rouge Parish deputy sheriff Joe Samaha and reserve detective Gordon Hutchinson were patrolling the area near Bayou Fountain Drive in Baton Rouge at about midnight on January 25, 1985. Samaha was driving their unmarked police unit with Hutchinson seated on the passenger side.

Samaha testified that he had been a deputy sheriff for ten years. His tenure included six years in uniform patrol, during which time he investigated a couple of rapes, numerous burglaries and several armed robberies. Samaha also worked for two years in the armed robbery and burglary division of the sheriff's office. Hutchinson testified that he had been a reserve detective for about five years.

Samaha had been assigned to the area near Bayou Fountain Drive for approximately two months, and Hutchinson had been personally involved in surveillance of the area for about a month. The testimony of the officers indicates that they had been assigned to the area because of numerous burglaries of vehicles and residences which had occurred. In one instance, a particular household had been broken into on three separate occasions while the victim was at home. On the first and second occasions, the perpetrator attempted to burglarize the home; on the third, he attempted an armed robbery and a rape of the victim.

The testimony of Hutchinson shows that, at about midnight on January 25, just as Samaha turned from Gardere Lane onto Bayou Fountain Drive, he glanced to his right and noticed a Ford Escort station wagon parked at the end of the street, which is a dead end. Hutchinson further described Bayou Fountain Drive as being about fifty yards long with driveways on each side of the street leading to apartment complex parking spaces. The station wagon was parked against some dumpsters with its lights turned off and the rear of the vehicle facing the officers. Hutchinson observed three white males inside the vehicle. His attention was drawn to the station wagon because of the time, location of the parked vehicle and the fact that the vehicle was unlighted and its occupants were just sitting there. Hutchinson told Samaha that they should investigate further. Samaha drove their police unit into a driveway and waited. About a minute later, the driver of the station wagon backed out, turned on the vehicle's lights and drove past the police unit. The station wagon turned onto a second street, drove partially down the street and backed out. Finally, it proceeded down a third and longer street, having a circular drive at the end. The officers maintained continuous surveillance of the station wagon, except for a period of approximately fifteen to thirty *810 seconds while it traveled along the third street. After visual contact was regained, the officers saw the vehicle exit the third street onto Bayou Fountain Drive at which time it passed their police unit. At that time, the officers stopped the vehicle on Bayou Fountain Drive.

Samaha testified that, at one point, the station wagon passed by his unit. With his bright lights shining on the station wagon, he got a quick view of the faces of the occupants. He testified that they did not look like people who lived in the neighborhood, who were mostly college students or professional people.

In articulating his reasons for making the stop, Samaha emphasized that he felt duty bound to make the stop on the basis of the suspicious manner in which the station wagon was being driven and the area's reputation as a high crime area, noting the violent nature of recent crimes committed in the area and the potential for someone being killed or seriously injured. In stating justification for the stop, Hutchinson relied upon the area's reputation for crime, the repeated recent attacks upon one individual in the area, the time being around midnight, the fact that the occupants were initially seen parked at the end of Bayou Fountain Drive in an unlighted car away from an apartment, and the manner in which the vehicle was driven after it was first sighted. He concluded that, based on the foregoing, the occupants of the station wagon caused him to believe they might be "cruising looking for something to break into."

After the officers stopped the station wagon, Samaha used a microphone to order the occupants out of the vehicle. He went up to the car, looked inside and ordered them out again for his own protection and that of his partner. All three occupants complied. The two passengers were placed in front of the police unit, which was stopped directly behind the station wagon. Hutchinson stood watch over them. When Samaha asked the driver for his driver's license, he replied that it was inside his car. The driver then walked back to his car, leaned over and "fumbled around" for about thirty to forty seconds. Because Samaha felt the driver was stalling for time, he ordered the driver to step away from the station wagon and rejoin the two passengers. The driver complied. Samaha then shined his flashlight into the vehicle while standing outside. He observed a small plastic bag, containing what appeared to be marijuana, on the floorboard on the passenger side. He also observed a portion of the sawed off pistol grip, bar release and trigger guard of a shotgun sticking out underneath the passenger seat and a stainless steel pistol wrapped in what looked like a red knit cap or mask on the right side of the driver's seat between the console and the seat. He then entered the car, retrieved the two weapons and called for additional police assistance. The officers advised all three occupants of their Miranda

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Bluebook (online)
506 So. 2d 807, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-bracken-lactapp-1987.