State v. Dillon

719 So. 2d 1064, 98 La.App. 4 Cir. 0861, 1998 La. App. LEXIS 2411, 1998 WL 483972
CourtLouisiana Court of Appeal
DecidedJune 24, 1998
DocketNo. 98-K-0861
StatusPublished
Cited by3 cases

This text of 719 So. 2d 1064 (State v. Dillon) 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. Dillon, 719 So. 2d 1064, 98 La.App. 4 Cir. 0861, 1998 La. App. LEXIS 2411, 1998 WL 483972 (La. Ct. App. 1998).

Opinions

liBYRNES, Judge.

The State requests of review of the trial court’s ruling which granted Kevin Dillon’s motion to suppress the evidence. We reverse and remand.

FACTS

Just before 8:00 p.m. on November 3,1997, police officers were on patrol in the Fischer Project. They observed a car in the 2100 block of Leboeuf Court which began speeding when the officers pulled behind it. Although the speed limit was 25 miles per hour and there were speed bumps on the streets in the project, the driver began driving 50 miles per hour. The police officers activated their vehicle’s siren. Although the driver did not immediately heed the siren, he suddenly stopped the car just short of the Orleans Parish line. When the driver abruptly stopped, the driver immediately ducked down towards the middle of the car and then sat up in the seat.

The officers approached the car and ordered the driver to exit. One of the officers noticed an open beer bottle on the floorboard of the driver’s side. The driver exited the car, and one of the officers walked him to the police car and frisked him, while the other officer remained next to the passenger side of the suspects’ car. The officer arrested the driver for reckless operation of a vehicle, a seat belt violation, driving a car without a license plate, driving a car ^without a brake tag, and drinking out of an open alcoholic beverage container while in a vehicle. The officer handcuffed the driver and placed him in the back of the police car.

The officer then joined his partner at the vehicle. The officers ordered the passengers, the defendant Kevin Dillon and an unidentified female, also to exit the car. They complied, and as Dillon was exiting from the backseat, the officers saw a second beer bottle on the backseat floorboard near where Dillon had been sitting. The officers took Dillon and the woman to the back of the car and conducted pat down searches of both suspects. Finding nothing, the officers returned to the car and began searching it for weapons and contraband. Under the front passenger seat, towards the rear seat, the officers discovered a “blunt”, a hollowed-out cigar filled with what was later found to contain contraband. The officers testified Dillon then stated that the “blunt” was his and that the other occupants of the car were not aware of its existence. After being advised of his rights, Dillon waived his rights and told the officers he had purchased the “blunt” from a breezeway at 2120 Leboeuf Court.

At the suppression hearing on March 26, 1998, the officers testified that the police decided to search the interior of the car, after the driver had been arrested and placed in the back of their car, for their safety and the safety of the passengers and to determine if the car contained contraband. Both officers characterized the search as “incidental to [the driver’s] arrest” and as encompassing the “arm span, wing span” of the occupants of the car. One of the officers acknowledged that the “blunt” was not in plain view, but rather it was found during a search of the car.

|3The trial court suppressed the evidence because it found that the officers were not [1066]*1066justified in searching the car after the occupants had been removed from the car and the driver had been arrested.

SEARCH AND SEIZURE

Investigatory Stop

The State contends that the search was permissible as an extension of a Terry1 investigatory stop for the officers’ safety. The State further asserts that the discovery of the evidence led to the defendant’s spontaneous statement that the blunt belonged to him.

The police officer’s stop of the car, the removal of the driver and the passengers, and the arrest of the driver for the moving violations and the open container violations were lawful. The officers observed that the driver was speeding in a car which had no license plate or brake tag, and they had probable cause to stop and arrest (or ticket) him for these violations.

La.C.Cr.P. art. 215.1 provides:

A. A law enforcement officer may stop a person in a public place whom he reasonably suspects is committing, has committed, or is about to commit an offense and may demand of him his name, address, and explanation of his actions.
B. When a law enforcement officer has stopped a person for questioning pursuant to this Article and reasonably suspects that he is in danger, he may frisk the outer clothing of such person for a dangerous weapon. If the law enforcement officer reasonably suspects the person possesses a dangerous weapon, he may search the person.
C. If the law enforcement officer finds a dangerous weapon, he may take and keep it until the completion of the questioning, at which time he shall either return it, if lawfully possessed, or arrest such person.
D. During the detention of an alleged violator of any provision of the motor vehicle laws of this state, an ^officer may not detain a motorist for a period of time longer than reasonably necessary to complete the investigation of the violation and issuance of a citation for the violation, absent reasonable suspicion of additional criminal activity. However, nothing herein shall prohibit a peace officer from compelling or instructing the motorist to comply with administrative or other legal requirements of Title 32 or Title 47 of the Louisiana Revised Statutes of 1950.

If an officer stops a person pursuant to art. 215.1, the officer may conduct a limited pat down frisk for weapons if he reasonably believes that he is in danger or that the suspect is armed. La.C.Cr.P. art. 215.1(B). “Reasonable suspicion” for an investigatory stop is something less than the probable cause required for an arrest, and the reviewing court must look to the facts and circumstances of each case to determine whether the detaining officer had sufficient articulable facts within his knowledge to justify an infringement of the suspect’s rights. State v. Matthews, 94-2112 (La.App. 4 Cir. 4/26/95), 654 So.2d 868; State v. Vance, 93-1389 (La. App. 4 Cir. 2/25/91), 633 So.2d 819.

In assessing the reasonableness of an investigatory stop, the court must balance the need to search and seize against the invasion of privacy that the search and seizure entails. State v. Tucker, 604 So.2d 600 (La.App. 2 Cir.1992), affirmed in part, reversed in part on other grounds, 626 So.2d 720 (La.1993); State v. Washington, 621 So.2d 114 (La.App. 2 Cir.), writ denied, 626 So.2d 1177 (La.1993). The intrusiveness of a search is not measured so much by scope as it is by whether it invades an expectation of privacy that society is prepared to recognize as reasonable. Twenty-Three Thousand Eight Hundred Eleven and No/100 ($23,811) Dollars in U.S. Currency v. Kowalski, 810 F.Supp. 738 (W.D.La.1993).

| gin reviewing the totality of circumstances, the officer’s past experience, training and common sense may be considered in determining if his inferences from the facts at hand were reasonable. State v. Jackson, 26,138 (La.App. 2 Cir. 8/17/94), 641 So.2d 1081. The reputation of an area is an articulable fact upon which an officer can rely and which is relevant in the determina[1067]*1067tion of reasonable suspicion. State v. Richardson, 575 So.2d 421 (La.App.,4 Cir.), writ denied, 578 So.2d 131 (La.1991).

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719 So. 2d 1064, 98 La.App. 4 Cir. 0861, 1998 La. App. LEXIS 2411, 1998 WL 483972, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-dillon-lactapp-1998.