State v. Dennis

540 So. 2d 550, 1989 La. App. LEXIS 448, 1989 WL 22867
CourtLouisiana Court of Appeal
DecidedMarch 15, 1989
DocketNo. CR88-778
StatusPublished
Cited by3 cases

This text of 540 So. 2d 550 (State v. Dennis) 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. Dennis, 540 So. 2d 550, 1989 La. App. LEXIS 448, 1989 WL 22867 (La. Ct. App. 1989).

Opinion

GUIDRY, Judge.

Defendant, Frank Dennis, Jr., was charged by bill of information with one count of possession of cocaine with intent to distribute, a violation of La.R.S. 40:967(A), and with one count of possession of marijuana with intent to distribute, a violation of La.R.S. 40:966(A). Initially, defendant pleaded not guilty. After a motion to suppress was denied, he withdrew his former plea and entered into a plea bargain with the State, in which the charge of possession of cocaine with intent to distribute was reduced to simple possession and the marijuana count was dropped entirely. Defendant then pleaded guilty to the reduced charge, but reserved his right to appeal from the adverse ruling on the motion to suppress evidence. See State v. Crosby, 338 So.2d 584 (La.1976). Defendant was sentenced to three years imprisonment. On appeal, defendant urges error in the denial of his motion to suppress.

FACTS

On Friday, December 18, 1987, between 8:30 a.m. and 9:00 a.m., Deputies Cooley and Jones of the Natchitoches Parish Sheriffs Department received a call from a confidential informant (C.I.). The C.I. stated that he had been present during a conversation in which Frank Dennis, Jr. and Michael Braxton planned to travel to Houston, Texas, to buy narcotics. Dennis and Braxton were to leave from Natchitoches, Louisiana, that morning and return the same day. The C.I. gave the officers information as to the make, color, and license number of the car to be used in the trip. Deputy Cooley testified that this particular informant had previously provided the sheriffs department with information that led to arrests and convictions in other, unrelated drug cases.

The two officers then calculated the approximate time Braxton and Dennis would be returning from Houston. At 4:00 p.m., Cooley and Jones set up a surveillance point in an area where Dennis and Braxton were expected to pass on their return to Natchitoches. At approximately 7:05 p.m., the officers observed the car previously described by the informant. Cooley and Jones then began to follow the vehicle, which began to swerve back and forth onto the shoulder of the road. Although the officers’ testimony conflicted as to whether or not this constituted a traffic violation, no traffic citations were issued.

After performing a license check on the vehicle, which indicated that the car belonged to the wife of Frank Dennis, the officers stopped the suspect car. Cooley and Jones then exited their unit and approached the Dennis car. The two then identified themselves and noticed that Dennis and Braxton were in the vehicle. Both officers were previously familiar with Dennis and Braxton and recognized the two on sight. Also present in the vehicle was Edward Dorsey, who had been driving the car.

The officers ordered Dennis, Braxton and Dorsey to exit the vehicle and place their hands on top of the car. The three were then advised of their Miranda rights. The testimony of the two officers conflicts as to whether or not their guns were drawn during this encounter. Cooley and Jones then asked Dennis if he would allow Dorsey to drive the car to the sheriffs office, as traffic was becoming congested. Dennis agreed and Dorsey drove the vehicle with Jones accompanying him. Dennis and Braxton were then handcuffed, searched for weapons and transported to the sheriff's office. Upon reaching the sheriffs office, Dennis was asked for permission to search his vehicle. Dennis was told that his consent was necessary to save the officers the time it would take to obtain a search warrant. The officers then read a consent form to Dennis, which he subsequently signed. During the search, one-half ounce of cocaine was found, along with thirteen small bags of marijuana.

Defendant contends that the trial court erred in overruling defendant’s motion to [552]*552suppress the marijuana and cocaine found during the search of his car. He argues in brief that no probable cause existed for the arrest and, therefore, his consent to the search was not valid. Dennis also argues that, even if the arrest was valid, the officers were required to have a warrant for the search of his vehicle.

LEGALITY OF THE ARREST

In State v. Raheem, 464 So.2d 293, 296 (La.1985), the Louisiana Supreme Court stated: “An arrest occurs when the circumstances indicate an intent to effect an extended restraint on the liberty of the accused, rather than at the precise time an officer tells an accused he is under ar-rest_” (citations omitted). In the instant case, when the deputies stopped the Dennis automobile, they ordered the defendants out of the car, had them place their hands on the vehicle, subsequently handcuffed them and conducted a pat down search for weapons. They then read each defendant his Miranda rights. Clearly, at that point an arrest occurred.

A warrantless arrest in a public place is valid if based on probable cause, even in the absence of exigent circumstances. United States v. Watson, 423 U.S. 411, 96 S.Ct. 820, 46 L.Ed.2d 598 (1976), rehearing denied, 424 U.S. 979, 96 S.Ct. 1488, 47 L.Ed.2d 750 (1976); State v. Tomasetti, 381 So.2d 420 (La.1980).

La.C.Cr.P. art. 213 states that:

“A peace officer may, without a warrant, arrest a person when:
* * s£ * * *
... (3) The peace officer has reasonable cause to believe that the person to be arrested has committed an offense, although not in the presence of the officer; ...”

As stated by this court in State v. Thorne, 487 So.2d 1301 (La.App. 3rd Cir. 1986), at page 1302:

“The Louisiana Supreme Court in State v. Raheem, 464 So.2d 293 (La.1985), in considering the meaning of reasonable cause stated:
‘Probable cause to arrest without a warrant exists when the facts and circumstances known to the arresting officer and of which he has reasonably trustworthy information are sufficient to justify a man of ordinary caution in believing that the person to be arrested has committed a crime. Beck v. Ohio, 379 U.S. 89, 85 S.Ct. 223, 13 L.Ed.2d 142 (1964). State v. Marks, 337 So.2d 1177 (La.1976). Probable cause must be judged by the probabilities and practical considerations of everyday life on which average men, and particularly average police officers, can be expected to act. State v. Marks, supra.’ ”

The United States Supreme Court has held that, in cases where the arrest is based upon information provided by a confidential informant, a “totality of the circumstances” test will be used in evaluating if probable cause did indeed exist. Illinois v. Gates, 462 U.S. 213, 103 S.Ct. 2317, 76 L.Ed.2d 527 (1983), rehearing denied, 463 U.S. 1237, 104 S.Ct. 33, 77 L.Ed.2d 1453 (1983). Under this analysis, all of the various indicia of reliability pertinent to the information received are considered. Two of the most important factors used in this evaluation are the veracity of the informant and his basis of knowledge. State v. Sterling, 444 So.2d 273 (La.App. 1st Cir. 1983). The “veracity” of the informant may be established by the accuracy of his prior reports and by the corroboration of his present report.

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Related

State v. President
715 So. 2d 745 (Louisiana Court of Appeal, 1998)
State v. Reynaga
643 So. 2d 431 (Louisiana Court of Appeal, 1994)
State v. Dennis
546 So. 2d 171 (Supreme Court of Louisiana, 1989)

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Bluebook (online)
540 So. 2d 550, 1989 La. App. LEXIS 448, 1989 WL 22867, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-dennis-lactapp-1989.