State v. Craft

870 So. 2d 359, 2004 WL 575388
CourtLouisiana Court of Appeal
DecidedMarch 10, 2004
Docket2003-KA-1852
StatusPublished
Cited by13 cases

This text of 870 So. 2d 359 (State v. Craft) 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. Craft, 870 So. 2d 359, 2004 WL 575388 (La. Ct. App. 2004).

Opinion

870 So.2d 359 (2004)

STATE of Louisiana
v.
John CRAFT.

No. 2003-KA-1852.

Court of Appeal of Louisiana, Fourth Circuit.

March 10, 2004.

*361 Eddie J. Jordan, Jr., District Attorney, Battle Bell, IV, Assistant District Attorney, New Orleans, LA, for Plaintiff/Appellee.

Karen G. Arena, Louisiana Appellate Project, Metairie, LA, for Defendant/Appellant.

(Court composed of Judge PATRICIA RIVET MURRAY, Judge Terri F. Love, Judge EDWIN A. LOMBARD).

Judge PATRICIA RIVET MURRAY.

John Craft was arrested and charged with possession of cocaine. The trial court denied his motion to suppress evidence, and he was tried and convicted. On appeal, the sole issue he raises is the trial court's denial of the motion to suppress. Finding no error in that ruling, we affirm Mr. Craft's conviction and sentence.

STATEMENT OF THE CASE

On April 11, 2002, Mr. Craft was charged by bill of information with possession of cocaine, a violation of La. R.S. 40:967. On April 22, 2002, he was arraigned and pleaded not guilty. On May 3rd and July 10th, 2002, the trial court held hearings on the motion to suppress at which the arresting officers, New Orleans Police Department Detective Merlin Bush and Officer Jamar Little, testified. On August 1, 2002, the trial court denied the motion to suppress and found probable cause. On August 15, 2002, a six-member jury found Mr. Craft guilty as charged. On March 25, 2003, he was adjudicated a second felony offender. On June 17, 2003, he was sentenced to serve four years at hard labor without benefit of probation or suspension of sentence, given credit for time served, and recommended to the Blue Waters Program, and ordered to be given an opportunity to obtain his GED. This appeal followed.

FACTS

Around 8:40 p.m. on March 19, 2002, Detective Bush and his partner, Officer Little, were patrolling the city in an unmarked police car, a white Crown Victoria. Officer Little was the driver; Detective Bush was the passenger. The windows of *362 the police car were down, as they routinely were, so that the officers could use their sense of hearing and smell while on patrol. When the officers approached the stop sign at the intersection of North Gayoso Street and St. Philip Street, they both smelled the strong aroma of burning marijuana emanating from a gray Lumina, which was parked near the corner. They observed a cloud of smoke coming from the rolled down front, passenger side widow of the Lumina. They also observed that there were two occupants inside the Lumina. The occupants were later identified as Mr. Craft, who was seated in the driver's seat, and his uncle, who was seated in the front passenger seat.

Deciding to investigate, the officers stopped and parked their vehicle close to the Lumina. They exited their vehicle, and, for their safety, the officers ordered both occupants out of the Lumina. The officers then each took a side: Detective Bush took the passenger's side; Officer Little took the driver's side. According to Officer Little, as the driver, Mr. Craft, was exiting the vehicle, Mr. Craft reached his right hand behind his back as if he was placing something in a stuffing motion into his pants. Officer Little believed that Mr. Craft was trying to conceal some type of object or perhaps a weapon. Based on that suspicious movement coupled with the officers' prior observations and smell of marijuana, Officer Little handcuffed Mr. Craft. Officer Little then conducted a patdown of Mr. Craft's outer clothing. In so doing, he felt a loose, hard, rock-like object apparently packaged in plastic on the left side of his leg, closer to his crotch, near his buttocks, that was still partially in his underwear. According to Officer Little, he was certain upon "immediate touch" that it was crack cocaine. He further testified that, based on his experience with narcotics, he knew that the crotch area was a common hiding spot for narcotic dealers. Officer Little still further testified that the plastic packaging of the object was consistent with the packaging of crack cocaine. For that reason, he then arrested Mr. Craft for possession of cocaine.

Officer Little described Mr. Craft's clothing at the time of his arrest as baggy, work-type pants with a loose belt and a work-type shirt. At that point, Officer Little testified that, in order to recover the object that he knew to be crack cocaine, he loosened Mr. Craft's belt and pulled his pants down. When his pants fell down, Officer Little stated that the object fell out and landed on Mr. Craft's pants. Officer Little then verified that the object was crack cocaine. He conducted a further search and recovered $293 in cash in Mr. Craft's pockets.

After recovering the cocaine and the cash and placing Mr. Craft into the rear of the police car, Officer Little searched the Lumina with a flashlight and recovered on both the driver and front passenger seats crumbs of loose vegetable matter. Based on his experience, he believed these loose crumbs were remnants of marijuana from the cigar that the occupants of the Lumina apparently were smoking when the officers arrived. As discussed below, Detective Bush observed the passenger discard that cigar into the grass.

While Officer Little was handling Mr. Craft, Detective Bush contemporaneously was handling the passenger on the other side of the Lumina. Detective Bush testified that he was near the front passenger side of the Lumina handling the passenger while his partner, Officer Little, was near the rear of the Lumina handling Mr. Craft and that he could not see what was happening between Mr. Craft and his partner.

*363 Detective Bush testified that the passenger obeyed the command to exit the vehicle and to place his hands on it. However, while the passenger was doing so, Detective Bush observed him indiscreetly throw what appeared to be a marijuana cigar over the roof of the car into the grass near the sidewalk. Detective Bush communicated orally to his partner that the passenger had discarded the marijuana. Detective Bush opined that because he and his partner smelled the aroma of burning marijuana that the cigar must have been lit. He further opined that when the occupants observed the police car backing up to the Lumina they must have extinguished the lit cigar. He testified that the cigar was small, approximately an inch to an inch and a half in length.

The cocaine, cash, and crumbs of marijuana were seized and introduced into evidence at trial. Also, NOPD Crime Lab Officer Corey Hall, who was stipulated to be an expert in the examination and identification of marijuana and cocaine, testified that the rock-like substance introduced into evidence tested positive for cocaine and the crumbs of vegetable matter introduced into evidence tested positive for marijuana.

ERRORS PATENT

A review of the record for errors patent reveals none.

DISCUSSION

In his sole assignment of error, Mr. Craft argues that the trial court erred when it denied his motion to suppress the evidence. He argues that the officers lacked probable cause to arrest him or reasonable suspicion to frisk him at the time Officer Little patted him down. Alternatively, he argues that even assuming a reasonable suspicion existed, the seizure of the drugs from his groin area resulted from a search that exceeded the permissible scope of a protective pat-down. More precisely, he argues that Officer Little's disrobing him on the public streets of the city went beyond the scope of a permissible protective pat-down.

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Bluebook (online)
870 So. 2d 359, 2004 WL 575388, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-craft-lactapp-2004.