State v. Collier

792 So. 2d 793, 2001 WL 686964
CourtLouisiana Court of Appeal
DecidedJune 20, 2001
Docket34,774-KA
StatusPublished
Cited by5 cases

This text of 792 So. 2d 793 (State v. Collier) 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. Collier, 792 So. 2d 793, 2001 WL 686964 (La. Ct. App. 2001).

Opinion

792 So.2d 793 (2001)

STATE of Louisiana, Appellee,
v.
Eric Wayne COLLIER, Appellant.

No. 34,774-KA.

Court of Appeal of Louisiana, Second Circuit.

June 20, 2001.

English & Lester, by Larry English, Shreveport, Counsel for Appellant.

*794 Richard Ieyoub, Attorney General, Paul J. Carmouche, District Attorney, Eugene W. Bryson, III, Tommy J. Johnson, Michael W. Powell, Assistant District Attorneys, Counsel for Appellee.

Before BROWN, WILLIAMS & PEATROSS, JJ.

PEATROSS, J.

Defendant, Eric Wayne Collier, was found guilty as charged by a 10-2 jury on one count of possession of more than 400 grams of cocaine, and having been adjudicated a second felony offender and subjected to an agreed sentence of 30 years at hard labor without benefits and a fine of $250,000. Defendant now argues on appeal that the trial court erred in denying the defense motion to suppress Defendant's confession. For the reasons stated herein, Defendant's conviction and sentence are affirmed.

FACTS

On November 29, 1997, Defendant committed a minor traffic violation by rolling through a stop sign. After a lengthy, high speed pursuit, Defendant drove into the parking lot of the Pelican Inn hotel on Monkhouse Drive in Shreveport, circled the lot several times and drove away again. After a few blocks, he stopped at the intersection of Monkhouse Drive and Hollywood. A search of his person, incident to arrest, disclosed large amounts of cash in his pockets. The arresting officer, Eric Farquhar, advised Defendant of his Miranda rights.

Defendant consented to a search of his vehicle, but no contraband was found. While Defendant was being processed at the scene of the stop, the manager of the Pelican Inn delivered to the police a backpack which a guest had seen Defendant throw from his car while in the parking lot. The backpack contained a large quantity of narcotics plus more money.

At the police station, the officers determined that Defendant had been in possession of 637.8 grams of cocaine and $6,332 in cash. Drug Enforcement Administration ("DEA") and Task Force Agents ("TFA") were contacted to assist.

At the hearing on the motion to suppress, TFA Russell Sarpy testified, verifying that Defendant understood his Miranda rights. Initially, Defendant refused to talk about the incident; however, as he was being taken to be booked into the jail, he requested to speak in private to TFAs Sarpy and J.P. Gallion. According to both TFA Sarpy and Gallion, after being placed in a private room, Defendant said he was willing to cooperate. TFA Sarpy testified that he again advised Defendant of his Miranda rights; and, thereafter, in response to questioning, Defendant admitted the backpack and its contents belonged to him. During the interview, Defendant identified his suppliers of narcotics and described in great detail how and where he obtained the cocaine that he had been selling for six months. Defendant also named several people in the Shreveport area who were buying cocaine from him in quantities indicating they were for resale.

The defense moved to suppress Defendant's detailed confession. The motion alleged that the confession was obtained "after defendant invoked his right to remain silent, and/or ... was the result of promises and inducements;" and, therefore, the confession was not freely and voluntarily given. The motion for new trial contained essentially the same claims. The trial court denied the motion after a contradictory hearing.

DISCUSSION

Defendant, based on his own self-serving testimony, submits that the statements *795 that he sought to suppress were actually made several weeks after the arrest when TFAs Sarpy and Gallion visited Defendant at the Caddo Correctional Center ("CCC"), rather than the same night of his arrest. The main thrust of the argument is that, after Defendant invoked his right to remain silent, TFAs Sarpy and Gallion threatened Defendant by being federal agents and by talking about legislation which might lead to a life sentence for persons convicted of drug trafficking offenses. He argues that the agents repeatedly told him that he was going to jail for 60 years to life and that he was induced by those statements to confess.

The State presented a different version of events surrounding the taking of Defendant's statement/confession. According to the State, after Defendant initially invoked his right to remain silent, he reinitiated the discussion by asking to speak with TFAs Sarpy and Gallion in private; there were no threats or promises, other than a statement that the district attorney would be advised of Defendant's level of cooperation. While they admit that they visited Defendant at CCC approximately two weeks after his arrest, both TFA Sarpy and Gallion testified that Defendant provided the confession and other information during the interrogation following his request to talk with them in private, which occurred on the same night as his arrest at the police station. According to the agents, Defendant did not provide any information, i.e., there was no interrogation, during the visit at CCC.

The law is that, at a hearing on a motion to suppress a confession, the state bears the burden of proving beyond a reasonable doubt the free and voluntary nature of the confession. State v. Hills, 354 So.2d 186 (La.1977); State v. Rogers, 476 So.2d 942 (La.App. 2d Cir.1985).

Before a confession can be introduced into evidence, the state must affirmatively prove that it was free and voluntary and not made under the influence of fear, duress, intimidation, menaces, threats, inducements or promises. La. R.S. 15:451; La.C.Cr.P. art. 703(D). The state must also establish that an accused who makes a statement during custodial interrogation was first advised of his Miranda rights. State v. Walker, 28,577 (La. App.2d Cir.10/4/96), 681 So.2d 1023. Spontaneous and voluntary statements made while the defendant is in custody and not given as a result of police interrogation or compelling influence are admissible as evidence even when made without the Miranda warning. State v. Robinson, 384 So.2d 332 (La.1980); State v. Reed, 499 So.2d 132 (La.App. 2d Cir.1986).

Interrogation is "... questioning initiated by law enforcement officers after a person has been taken into custody or otherwise deprived of his freedom or action in any significant way." Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966). Interrogation includes words or actions on the part of the police that the police should know are reasonably likely to elicit an incriminating response from the suspect. Rhode Island v. Innis, 446 U.S. 291, 100 S.Ct. 1682, 64 L.Ed.2d 297 (1980).

There is a difference between police-initiated custodial interrogation and communications, exchanges or conversations initiated by the accused himself. Edwards v. Arizona, 451 U.S. 477, 101 S.Ct. 1880, 68 L.Ed.2d 378 (1981). The latter are admissible without regard to the Miranda warning. State v. Fuller, 32,734 (La.App.2d Cir.12/17/99), 759 So.2d 104, writ denied, 00-0159 (La.8/31/00), 766 So.2d 1273.

A trial court's determination on the credibility and weight of testimony relating *796 to the voluntariness of a confession will not be overturned unless clearly contrary to the evidence. State v.

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Bluebook (online)
792 So. 2d 793, 2001 WL 686964, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-collier-lactapp-2001.