State v. Cabler

526 So. 2d 1177, 1988 WL 30777
CourtLouisiana Court of Appeal
DecidedApril 6, 1988
DocketK87-368
StatusPublished
Cited by3 cases

This text of 526 So. 2d 1177 (State v. Cabler) 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. Cabler, 526 So. 2d 1177, 1988 WL 30777 (La. Ct. App. 1988).

Opinion

526 So.2d 1177 (1988)

STATE of Louisiana
v.
Frederick Alden CABLER.

No. K87-368.

Court of Appeal of Louisiana, Third Circuit.

April 6, 1988.

*1178 Julie E. Cullen, New Orleans, for defendant-appellant.

J. Phil Haney, Asst. Dist. Atty., St. Martinville, for plaintiff-appellee.

Before DOMENGEAUX, STOKER and YELVERTON, JJ.

STOKER, Judge.

On October 3, 1986 defendant was charged by bill of information with possession of illegal drugs in violation of LSA-R. S. 40:966(C) and LSA-R.S. 40:969(C). On February 2, 1987 defendant's motion to suppress evidence was granted as to the marijuana recovered from defendant's motorcycle, but denied as to evidence recovered from defendant's person. Defendant applied to the Court of Appeal, Third Circuit for a supervisory writ as to the denial of the motion to suppress the evidence found on defendant's person, which was denied. Defendant then applied for a supervisory writ from the Supreme Court. That court granted the writ and remanded the case to the Court of Appeal, Third Circuit for briefing, argument and an opinion. 514 So.2d 450.

ASSIGNMENT OF ERROR

This case presents a single assignment of error. Defendant contends the trial court erred in the following respect:

The trial court erred in denying the motion to suppress evidence filed in this matter in that the detention and search of the defendant was in violation of his constitutional right to be free from warrantless searches and seizures or, in the alternative, that there were insufficient, exigent circumstances to justify the warrantless detention and search of defendant.

*1179 FACTS

Deputy Dupuis and Officer Pelican were working during the Breaux Bridge Crawfish Festival on the evening of May 3, 1986. Dupuis heard a radio broadcast from another officer concerning a fight. Dupuis proceeded to the area of the fight and was shown an individual who was bleeding. This man said he was from Metairie and had "been jumped by the bridge" and received injuries to his forehead and the back of his head, possibly from a brass knuckle or pipe. The man could not identify his attackers and merely described them as three "biker-type fellows," two with ponytails and one with long straight hair. This man told Dupuis that his attackers went off toward some motorcycles and then pointed toward the vicinity in which defendant and ten to fifteen other individuals were standing. However, the officers did not ascertain how much time had elapsed since the attack took place or the Metairie man's name. The man then left and was never identified or interviewed again. Dupuis alone testified concerning the victim's statement and actions. It is not clear whether or not Officer Pelican heard the conversation between the victim and Dupuis.

Deputy Dupuis gave the following testimony as recorded on pages 6, 7, 14 and 15 of the transcript of the suppression hearing:

"Q Did you talk with any individuals once you arrived at the scene?

A I was pointed out to an individual who was bleeding from forehead. I went talk to him. He was from Metairie, Louisiana. He had received injuries to the forehead and back of his head from a metal object, either a brass knuckle or a pipe which three or four fellows had jumped him right by the bridge.

Q And did you receive information from him as to the whereabouts of those individuals?

A He couldn't identify the individuals who had jumped him. The only thing he said that the persons that had attacked him had ran to a group of people which the task force had already secured and said that two of the fellows that had attacked him had ponytails and one of them had long, straight hair.

Q Did you see any individuals in the immediate area that resembled that description?

A There were several.

Q And did you issue any instructions once you had received this information?

A I instructed the officers who had several of the individuals secured to put them against the wall and pat down for weapons to try to locate the brass knuckles or the object used to strike the victim.

Q What time of day or night was this, sir?

A That was some time around 9:30 p.m. that night on the third.

Q Did you see the defendant amongst that group?
A Yes, Mr. Cabler. He cut his hair but that's him right there.
BY MR. HANEY:
Let the record reflect, Your Honor, he pointed to the defendant.
BY THE COURT:
Let it reflect.
BY MR. HANEY:
Q Was he amongst this group of people that were pointed to by this individual?

A He was in the group, the area that the victim had pointed out. Yes, sir.

Q All right. After you instructed the other officers to place them up against the wall, did you see what took place?

A Yes, several officers took their position to where they could secure the people and the balance of the officers patted down for weapons.

* * * * * *

Q Now, you said the subjects had been secured by the time you got to the scene. How many subjects are we talking about?

A You're looking about at twelve or thirteen of them that was there. They had three—

*1180 Q Excuse me. I didn't mean to interrupt.

A They had several males and I think three or four females.
Q And this was a search in or following a reported fight?
A Correct.

Q The witness that was bleeding, the unnamed man from Metairie, what did he say had happened?

A That he was jumped. He was crossing the bridge, going across the bridge that he got in a confrontation with three individuals and he got jumped and one of them hit him either with a brass knuckle or a blackjack.

Q He said either brass knuckles or a blackjack?
A Correct.

Q Other than long hair, ponytails or long hair, did he identify the clothing that the people had on?

A No, he identified the long hair and the ponytail but said a biker type. He said they went towards the bikes.

Q How many "biker types" were there at the Crawfish Festival?

A Just in that area where their bikes were, the bikes were in that area where they were at, there must have been at least twenty-five.

Q And other than three long haired biker types who went in that area, you had no more specific information from the man who was the victim of this alleged injury, is that correct?

A Correct.
Q Now, how long did you talk to the man from Metairie?
A No more than a minute or two."

Officer Pelican gave the following testimony as recorded on page 43 of the transcript of suppression hearing:

"Q Had you seen Mr. Cabler or any of the people that you eventually saw that night causing any kind of trouble during the day?

A Not that I recall.

Q Now, when you got to that location, did Officer Dupuis—He was already there?

A Yes, Ma'am.

Q When you got there. What did you observe when you first got to the location?

A Officer Dupuis was talking to a subject and that's when he made the statement, "Put everybody that was in the group along the wall and pat down for weapons. We don't know what we got."

Q We don't know what we've got. Okay.

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Cite This Page — Counsel Stack

Bluebook (online)
526 So. 2d 1177, 1988 WL 30777, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-cabler-lactapp-1988.