State v. Clift

339 So. 2d 755
CourtSupreme Court of Louisiana
DecidedNovember 8, 1976
Docket57959
StatusPublished
Cited by53 cases

This text of 339 So. 2d 755 (State v. Clift) 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. Clift, 339 So. 2d 755 (La. 1976).

Opinion

339 So.2d 755 (1976)

STATE of Louisiana
v.
Jerald C. CLIFT.

No. 57959.

Supreme Court of Louisiana.

November 8, 1976.
Rehearing Denied December 10, 1976.

*757 Mac Allynn J. Achee, Wray & Robinson, Baton Rouge, for defendant-appellant

William J. Guste, Jr., Atty. Gen., Barbara Rutledge, Asst. Atty. Gen., Ossie B. Brown, Dist. Atty., John W. Sinquefield, Asst. Dist. Atty., for plaintiff-appellee.

CALOGERO, Justice.

In February of 1974, Jerald Clift was stopped by police near an apartment where a search warrant was being executed and heroin was being seized. Clift was searched and found to be in possession of heroin. He was arrested for possession of heroin, a violation of La.R.S. 40:966(C), tried, found guilty as charged, and sentenced to four years at hard labor without benefit of probation or suspension of sentence. He now appeals that conviction and sentence, relying on ten assignments of error.

ASSIGNMENTS OF ERROR NOS. 1 AND 6.

Defendant Clift argues that heroin and marijuana seized from him by police were unlawfully obtained, and that the trial judge erred in denying his motion to suppress and in later admitting this evidence at trial. Defendant's allegations raise two legal issues: did the police have reasonable cause to stop defendant, and, secondly, did the police have reasonable cause to search his wallet after they had arrested him for possession of marijuana?

As presented by the state, the facts show that at about eight o'clock on the evening of February 4, 1974, members of the East Baton Rouge Police Department, acting pursuant to a warrant, entered the apartment of Julius Sholars in the Lamplighter Apartments, an apartment complex in Baton Rouge. They arrested Sholars and two others in the apartment on the basis of heroin found on Sholars' person, and proceeded to execute the warrant by searching the apartment in order to find heroin.

*758 While the search was being conducted by several officers inside the apartment, two men, Jack Mergen, then a narcotics investigator with the District Attorney's Office, and Officer Clyde Porter of the Baton Rouge City Police, waited in the parking lot for the arrival of the police vehicle to take the three arrestees to jail and to detain anyone who sought to enter the apartment during the search. Just before nine o'clock a car pulled into the parking lot at the apartment complex, and a young man (the defendant) alighted and walked toward the building. Both Mergen and Porter recognized him as someone they had dealt with in previous narcotics investigations; Mergen remembered that he had personally arrested the man on a narcotics charge. The young man passed the point where the officers were standing and approached the door of Sholars' apartment. When he was only a few feet from the door, the men testified that they called out "We're narcotics officers; come here." Instead of obeying the officers' command, the young man van down the sidewalk away from the officers, and as he rounded the corner of the building, he threw an object into the bushes. One officer retrieved the object, which was discovered to be a bag containing marijuana, while the other officer captured defendant Jerald Clift and then arrested him for possession of marijuana. The two men took Clift inside the apartment and looked in his wallet for identification. After they found his driver's license, they continued to search his wallet and found, folded in a small piece of aluminum foil, a small quantity of heroin. Defendant Clift was then charged with possession of heroin.

At the hearing on the motion to suppress, defendant testified that as he approached the door he veered away from it, and was walking down the sidewalk, going away from the door, when the two men called out "Halt." Otherwise, defendant corroborated the officers' testimony as to his flight, his dropping of the marijuana, and the search of his wallet by police.

Defendant argues that there existed no legal cause for the officers to stop him, and alternatively, that if they did properly stop him, that they violated his constitutional guarantees when they searched his wallet.

If indeed defendant's stop was improper, then his arrest was also improper and neither of the two illegal substances could properly have been admitted at his trial. State v. Truss, 317 So.2d 177 (La. 1975); State v. Saia, 302 So.2d 869 (La. 1974). This Court has repeatedly held that a person may not justifiably be detained by police unless there is a reasonable basis on which authorities believe that the person has committed, is committing, or is about to commit an illegal act. State v. Kinnemann, 337 So.2d 441 (La.1976), handed down September 13, 1976; State v. Cook, 332 So.2d 760 (La.1976); State v. Truss, supra; State v. Saia, supra. Absent circumstances which connect the person with criminal conduct, an individual who is in a public place has a right to be left alone and to avoid encounters with the police. In order to determine whether the officers had sufficient knowledge to allow them to infringe on a citizen's right to be left alone, a reviewing court will look to the circumstances of each case. State v. Cook, supra; State v. Saia, supra.

We believe that under the circumstances of this case there were ample grounds for police to detain defendant Clift at the time of the stop. First, defendant Clift was approaching a door which led only to an apartment where a search warrant was being executed, where three people were being detained following arrest, and where heroin had actually been found. Second, both Mergen and Porter recognized defendant as a person whom they had dealt with on previous drug arrests; Mergen had himself arrested defendant on a narcotics charge. Further, the two men testified that one purpose of their waiting outside was to safeguard the apartment while it was being searched by fellow officers. They were ensuring that the warrant could be conducted, and the coincident arrests concluded, without interference.

If the only evidence produced had been consistent with defendant's testimony, that he had passed the apartment before he *759 was ordered to halt, there would have been no legal grounds to stop him, because the fact that a drug user walks past a drug outlet does not, without more, present reasonable cause to believe that he has committed, is committing, or is about to commit a crime. See Harlan, J., concurring, Sibron v. New York, 392 U.S. 40, 88 S.Ct. 1889, 20 L.Ed.2d 917 (1968); State v. Saia, supra. Likewise, a stranger who is approaching a drug outlet or suspected drug outlet, cannot, without more, be forcibly detained by police. State v. Kinneman, supra.

The case before us, however, presents neither of these situations. The state's witnesses, those evidently accepted by the trial court, testified that they called out to defendant Clift as, approaching, he drew near the door of the apartment (i.e., within two to three feet thereof). We find no reason not to accept the state's testimony as did the trial judge. When we do so, we hold that when officers, who are protecting premises where criminal conduct has been discovered and where a search is being conducted under the authority of a warrant, see a man whom they recognize as a person involved with narcotics apparently about to enter the premises, the officers do have reason and authority to stop such person, if only to prevent his entrance or to inquire as to his intentions.

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

Related

State of Louisiana v. Kevin Robert Sterling
Louisiana Court of Appeal, 2024
State v. Copelin
206 So. 3d 990 (Louisiana Court of Appeal, 2016)
State v. Battie
250 So. 3d 1084 (Louisiana Court of Appeal, 2015)
State v. Taylor
123 So. 3d 256 (Louisiana Court of Appeal, 2013)
State v. Jones
119 So. 3d 9 (Louisiana Court of Appeal, 2013)
State of Louisiana v. Louis Vernon Jackson
Louisiana Court of Appeal, 2010
State v. Mingo
965 So. 2d 952 (Louisiana Court of Appeal, 2007)
State v. Edwards
963 So. 2d 419 (Louisiana Court of Appeal, 2007)
State of Louisiana v. Todd Vincent Edwards
Louisiana Court of Appeal, 2007
State v. Warren
949 So. 2d 1215 (Supreme Court of Louisiana, 2007)
State v. Brown
871 So. 2d 1240 (Louisiana Court of Appeal, 2004)
State v. Lee
844 So. 2d 970 (Louisiana Court of Appeal, 2003)
State v. Odle
834 So. 2d 483 (Louisiana Court of Appeal, 2002)
State v. Malvoisin
779 So. 2d 73 (Louisiana Court of Appeal, 2001)
State v. Guillory
773 So. 2d 794 (Louisiana Court of Appeal, 2000)
State v. Walker
775 So. 2d 484 (Louisiana Court of Appeal, 2000)
State v. Mims
769 So. 2d 44 (Louisiana Court of Appeal, 2000)
State v. Curtis
739 So. 2d 931 (Louisiana Court of Appeal, 1999)
State v. Davis
735 So. 2d 708 (Louisiana Court of Appeal, 1999)
State v. Colomb
720 So. 2d 374 (Louisiana Court of Appeal, 1998)

Cite This Page — Counsel Stack

Bluebook (online)
339 So. 2d 755, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-clift-la-1976.