State v. Coleman

412 So. 2d 532
Supreme Court of Louisiana·Decided March 1, 1982·No. 81-KA-2041·Published·Cited by 23 cases

Opinion

412 So.2d 532 (1982)

STATE of Louisiana
v.
Jesse COLEMAN, Patrick R. Colomb and Larry K. Lawrence.

No. 81-KA-2041.

Supreme Court of Louisiana.

March 1, 1982.
Rehearing Denied April 30, 1982.

*533 William J. Guste, Jr., Atty. Gen., Barbara Rutledge, Asst. Atty. Gen., John M. Mamoulides, Dist. Atty., Patrick C. Leitz, Abbott J. Reeves, Asst. Dist. Attys., for plaintiff-appellee.

Anderson Council, Kenner, Paul H. Colomb, Lafayette, William M. Dauphin, Jr., Baton Rouge, for defendants-appellants.

CALOGERO, Justice.[*]

In these Crosby appeals,[1] following guilty pleas by two of the defendants to attempted possession of marijuana with intent to distribute and a guilty plea by the third to possession of marijuana with intent to distribute, defendants contend that the marijuana found in their suitcases at the New Orleans International Airport should have been suppressed because the seizure was the result of an unconstitutional search.

For the reasons expressed hereinafter we find no merit to their contention and affirm their convictions and sentences.[2]

*534 On April 27, 1978, in Miami, Florida, Detective John Facchiano, assigned to the airport, was doing routine investigative work when he observed defendants. The detective testified that his attention was drawn to defendants when Coleman purchased tickets for the trio with a large amount of money he held in his hand. Detective Facchiano noticed that Colomb kept looking around to see if they were being watched. When he saw the policeman watching the group, Colomb left the ticket line and positioned himself near a display case and continued his observation of the area. The ticket agent asked Coleman about luggage and he indicated three suitcases, two brown and one blue. The agent asked the other two about luggage and they indicated the same three suitcases. The agent then stapled all three luggage claim checks to one of the tickets.

Detective Facchiano stated that he went to the baggage area where the suitcases of the three men were on a baggage cart. Detective Facchiano said that he smelled the seams of each bag and detected the odor of marijuana coming from the seams of the two brown bags but not from the blue one. Detective Facchiano specifically denied that he opened the bags. He removed the suitcases from the cart and contacted his partner who also smelled marijuana at the seams of the brown suitcases. Detective Facchiano testified that he and his partner had authority from the airline carrier to be in the baggage handling area.

Detective Facchiano's partner placed the suitcases back upon the baggage cart, whereupon a cloud of white powder came from the two brown suitcases. No such emission of white powder was observed from the blue suitcase. Detective Facchiano informed the judge that talcum powder is often used to disguise the odor of marijuana.

After placing the suitcases back onto the baggage cart, the two policemen boarded the airplane for which the tickets had been purchased and saw Coleman and Colomb sitting in the first class section. The officers did not see Lawrence, however, and decided against making an arrest of only the two. Instead, Detective Facchiano contacted Sergeant Schwabe of the Jefferson Parish Sheriff's Office, described the three men and informed him of the observations in Miami and the fact that the three would be arriving at the New Orleans airport soon on National Airlines Flight 29.

Armed with defendants' flight number and their description, Sergeant Schwabe conducted a surveillance of the flight as it arrived in New Orleans. He saw the men and noticed that they appeared to be nervous. The three entered the airport lobby and, without getting their luggage, exited the terminal. Sergeant Schwabe approached the men and asked them for identification and for their airline tickets. Coleman handed Sergeant Schwabe the tickets for all three with the claim checks still stapled to one of the tickets. Sergeant Schwabe said that at this point he asked the men to accompany him to the narcotics office at the airport and he advised them of their rights. In the office Sergeant Schwabe asked the men whether they had any luggage. They denied having any. When asked about the baggage claim checks, Coleman stated that one suitcase for which there was a claim check belonged to him.

Sergeant Schwabe had another agent get the luggage from the baggage claim department and bring it to the office. Coleman identified the blue suitcase as his, but denied ownership of the two brown ones from which the odor of marijuana and the white powder had come. The other two defendants disclaimed the brown suitcases also. Sergeant Schwabe said that he asked for permission to look inside the suitcases and "They stated they didn't care if I looked or not; since it was not theirs, I had permission to look." Sergeant Schwabe opened the brown suitcases and in each *535 found a green garbage bag containing loose marijuana. These suitcases also had white talcum powder sprinkled in the bottoms and tops of the cases and over the garbage bags. After seeing the marijuana, Sergeant Schwabe informed the three that they were under arrest. Coleman then voluntarily opened the blue suitcase and inside Sergeant Schwabe observed a pack of garbage bags similar to those containing the marijuana in the two brown suitcases.

Farrell Whitehead, narcotics officer for the Jefferson Parish Sheriff's Office, confirmed that he brought the suitcases from the baggage area of the New Orleans airport to the narcotics office. He said that defendants thereupon, in his presence, disclaimed ownership as well as knowledge of any of the three bags. Officer Whitehead testified that the three "stated they didn't mind the suitcases being opened because they didn't belong to them."

The trial judge first took the motion to suppress under advisement and later ruled, denying the motion. This Court then denied defendants' pre-trial application for writs of review. 377 So.2d 1236 (La.1979). Following our refusal to grant writs, defendants entered their guilty pleas, reserving their right to appeal the denial of the motion to suppress.

We shall consider defendants' three assignments of error[3] together because they are interrelated.

Defendants' principle contention is that the actions of the police in Miami constituted an unconstitutional search and seizure and therefore tainted the subsequent arrests and seizure of the marijuana. Defendants argue that the marijuana must be suppressed under the "fruit of the poisonous tree" doctrine. Wong Sun v. United States, 371 U.S. 471, 83 S.Ct. 407, 9 L.Ed.2d 441 (1963).

The Fourth Amendment to the United States Constitution and Article 1, Section 5 of the Louisiana Constitution prohibit unreasonable searches and seizures. It is well settled that a search without a warrant is per se unreasonable unless it falls within a few well delineated exceptions to the warrant requirement. Therefore our first consideration is whether there was a legally impermissible search at the Miami airport.

Defendants had placed their luggage in the custody of the airline. Once the luggage was so placed, defendants could have had no reasonable expectation that the bags would not be handled by personnel of the airline or police officers given the airline's permission to be in the baggage area. Nor could they reasonably expect that the exterior of the bags would not be inspe

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

State v. Coleman, 412 So. 2d 532 (La. 1982).

412 So. 2d 532 (State v. Coleman) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

State v. Anderson
136 So. 3d 275 (Louisiana Court of Appeal, 2014)
State v. Lewis
980 So. 2d 251 (Louisiana Court of Appeal, 2008)
State of Louisiana v. Demetrice Lewis
Louisiana Court of Appeal, 2008
State v. Craft
870 So. 2d 359 (Louisiana Court of Appeal, 2004)
State v. Comena
843 So. 2d 464 (Louisiana Court of Appeal, 2003)
State v. Pham
839 So. 2d 214 (Louisiana Court of Appeal, 2003)
State v. Sylvester
834 So. 2d 1166 (Louisiana Court of Appeal, 2002)
State v. Hickerson
838 So. 2d 21 (Louisiana Court of Appeal, 2002)
State v. Kirk
833 So. 2d 418 (Louisiana Court of Appeal, 2002)
State v. Young
820 So. 2d 1182 (Louisiana Court of Appeal, 2002)
State v. Lawrence
817 So. 2d 1216 (Louisiana Court of Appeal, 2002)
State v. Risin
807 So. 2d 1042 (Louisiana Court of Appeal, 2002)
State v. Wyatt
775 So. 2d 481 (Louisiana Court of Appeal, 2000)
State v. Niel
671 So. 2d 1111 (Louisiana Court of Appeal, 1996)
State v. Fisher
649 So. 2d 604 (Louisiana Court of Appeal, 1994)
State v. Buggs
567 So. 2d 744 (Louisiana Court of Appeal, 1990)
State v. Madison
535 So. 2d 1024 (Louisiana Court of Appeal, 1988)
State v. Garcia
519 So. 2d 788 (Louisiana Court of Appeal, 1987)
Blood v. State, Department of Wildlife & Fisheries
458 So. 2d 1006 (Louisiana Court of Appeal, 1984)
State v. Ossey
446 So. 2d 280 (Supreme Court of Louisiana, 1984)