State v. Clay

930 So. 2d 1028, 2006 WL 1071862
CourtLouisiana Court of Appeal
DecidedApril 25, 2006
Docket06-KA-37
StatusPublished
Cited by7 cases

This text of 930 So. 2d 1028 (State v. Clay) 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. Clay, 930 So. 2d 1028, 2006 WL 1071862 (La. Ct. App. 2006).

Opinion

930 So.2d 1028 (2006)

STATE of Louisiana
v.
Michael CLAY.

No. 06-KA-37.

Court of Appeal of Louisiana, Fifth Circuit.

April 25, 2006.

*1030 Paul D. Connick, Jr., District Attorney, Twenty-Fourth Judicial District, Parish of Jefferson, Terry M. Boudreaux, Assistant District Attorney, Gretna, Louisiana, for Plaintiff/Appellee.

Gwendolyn K. Brown, Attorney at Law, Louisiana Appellate Project, Baton Rouge, Louisiana, for Defendant/Appellant.

Panel composed of Judges JAMES L. CANNELLA, MARION F. EDWARDS, and WALTER J. ROTHSCHILD.

WALTER J. ROTHSCHILD, Judge.

On April 20, 2005, the Jefferson Parish District Attorney filed a bill of information charging defendant, Michael Clay, with possession of cocaine, a violation of LSA-R.S. 40:967 C. Defendant was arraigned on April 21, 2005, and pled not guilty.

Defendant filed various pre-trial motions, including a motion to suppress evidence. The trial court heard and denied the motion on June 16, 2005.

On August 5, 2005, the trial judge advised defendant of his constitutional rights in accordance with Boykin v. Alabama, 395 U.S. 238, 89 S.Ct. 1709, 23 L.Ed.2d 274 (1969). Defendant indicated he understood his rights and wished to waive them and enter a guilty plea. He reserved his appeal rights under State v. Crosby, 338 So.2d 584 (La.1976).

Following defendant's guilty plea, the State filed a habitual offender bill of information, alleging defendant to be a second felony offender. The trial judge advised defendant of his right to remain silent and his right to a habitual offender hearing. Defendant waived his rights and entered an admission to the habitual offender allegations. In accordance with a sentencing agreement, the court imposed a sentence of two and one-half years at hard labor. The judge ordered that the sentence be served concurrently with any other sentences defendant was serving.

This timely appeal followed. Defendant argues that the trial court erred in denying his motion to suppress the evidence. For the reasons stated herein, we find this argument to have merit and we therefore reverse the trial court's ruling.

FACTS

The facts surrounding the instant charge are found in the suppression hearing testimony of Deputy Christy Franklin of the Jefferson Parish Sheriff's Office. Deputy Franklin testified that on March 17, 2005, an anonymous caller reported that he or she had heard gunfire in the 900 block of Pailet Street. When the officer arrived in the area, she saw defendant and another man walking in the 800 block of Pailet Street. The two were walking from *1031 the block where the shots were alleged to have been fired.

Deputy Franklin testified that she and her partner, Deputy Shannon Johnson, stopped the two men. The officers conducted a field interview with defendant while Deputy Johnson did a pat-down frisk of his outer clothing for weapons. The second subject was also frisked and interviewed. Deputy Johnson told Deputy Franklin he had detected something in defendant's clothing that felt like drugs. Deputy Franklin testified that Deputy Johnson recovered a rock of crack cocaine from defendant's pants pocket.

The officers took defendant into custody. Deputy Franklin testified that she conducted a second pat-down search of defendant before transporting him to the Jefferson Parish Correctional Center. The officer did not testify that anything else was found on defendant's person.

DISCUSSION

Defendant complains that Deputies Franklin and Johnson did not have reasonable suspicion to stop him and conduct a pat-down frisk, and that the resulting seizure of cocaine was, therefore, unlawful.[1] Defendant moves this Court to reverse the trial court's denial of his motion to suppress evidence.

The Fourth Amendment to the United States Constitution and Article I, § 5 of the Louisiana Constitution protect individuals from unreasonable searches and seizures. But the right of law enforcement officers to stop and interrogate those reasonably suspected of criminal conduct is recognized by LSA-C.Cr.P. art. 215.1 and by state and federal jurisprudence. Terry v. Ohio, 392 U.S. 1, 88 S.Ct. 1868, 20 L.Ed.2d 889 (1968); State v. Belton, 441 So.2d 1195 (La.1983), cert. denied, 466 U.S. 953, 104 S.Ct. 2158, 80 L.Ed.2d 543 (1984).

Although Article 215.1 permits an officer to stop a citizen in a public place and question him, such an investigatory stop must be based upon reasonable suspicion that the individual has committed, or is about to commit, a criminal offense. State v. Temple, 02-1895, p. 4 (La.9/9/03), 854 So.2d 856, 860; State v. Collins, 04-751, p. 3 (La.App. 5 Cir. 11/30/04), 890 So.2d 616, 618. The detaining officer "`must have a particularized and objective basis for suspecting the particular person stopped of criminal activity....'" State v. Collins, supra, quoting United States v. Cortez, 449 U.S. 411, 417-418, 101 S.Ct. 690, 695, 66 L.Ed.2d 621 (1981). Moreover, the officer must be able to articulate specific facts upon which his suspicion is based. State v. Becnel, 04-1266 (La.App. 5 Cir. 5/31/05), 904 So.2d 838, 852.

In determining whether an investigatory stop was justified by reasonable suspicion, a reviewing court must consider the totality of the circumstances, "giving deference to the inferences and deductions of a trained police officer `that might well elude an untrained person.'" State v. Huntley, 97-0965 (La.3/13/98), 708 So.2d 1048, 1049 (per curiam), quoting Cortez, 449 U.S. at 418, 101 S.Ct. at 695. Factors that may support reasonable suspicion for an investigatory stop include an officer's experience, his or her knowledge of recent criminal patterns, and his or her knowledge of an area's frequent incidence of crime. State v. Mitchell, 04-136 (La.App. 5 Cir. 6/29/04), 877 So.2d 1151, 1155.

The State bears the burden of proof in establishing the admissibility of evidence seized without a warrant. LSA-C.Cr.P. *1032 art. 703 D. The trial court's decision to deny a motion to suppress is afforded great weight and will not be set aside unless the preponderance of the evidence clearly favors suppression. State v. Cooley, 03-418 (La.App. 5 Cir. 9/30/03), 857 So.2d 1209, 1216, writ denied, 03-3107 (La.3/12/04), 869 So.2d 818. If evidence is derived from an unreasonable search or seizure, the proper remedy is to exclude the evidence from trial. State v. Becnel, supra.

Defendant argues that an anonymous report of gunfire and his presence in the area were not sufficient to support reasonable suspicion for an investigatory stop. Under certain circumstances, an informant's tip can provide reasonable suspicion to detain and question a person. Alabama v. White, 496 U.S. 325, 110 S.Ct. 2412, 110 L.Ed.2d 301 (1990); State v. Smith, 00-1838 (La.5/25/01), 785 So.2d 815, 816 (per curiam). Whether an informant's tip creates reasonable suspicion necessary to justify an investigatory stop is determined by considering the totality of the circumstances. Illinois v. Gates, 462 U.S. 213, 214, 103 S.Ct. 2317, 2320, 76 L.Ed.2d 527 (1983); State v. Boss, 04-457, p. 6 (La.App. 5 Cir.

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

Related

State of Louisiana Versus Oneil Gilbert, III
Louisiana Court of Appeal, 2023
State v. Carter
96 So. 3d 1283 (Louisiana Court of Appeal, 2012)
State v. Charpentier
86 So. 3d 86 (Louisiana Court of Appeal, 2012)
State of Louisiana v. Ricky J. Charpentier
Louisiana Court of Appeal, 2012
State of Louisiana v. Robera Cartrell Milo
Louisiana Court of Appeal, 2011
State v. Palmer
1 So. 3d 689 (Louisiana Court of Appeal, 2008)
State of Louisiana v. Marty Palmer
Louisiana Court of Appeal, 2008
State v. Woods
982 So. 2d 157 (Louisiana Court of Appeal, 2008)
State v. Micelotti
979 So. 2d 573 (Louisiana Court of Appeal, 2008)
State v. Anthony
971 So. 2d 1219 (Louisiana Court of Appeal, 2007)

Cite This Page — Counsel Stack

Bluebook (online)
930 So. 2d 1028, 2006 WL 1071862, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-clay-lactapp-2006.