State v. Edsall

385 So. 2d 207
CourtSupreme Court of Louisiana
DecidedMay 30, 1980
Docket65900
StatusPublished
Cited by46 cases

This text of 385 So. 2d 207 (State v. Edsall) is published on Counsel Stack Legal Research, covering Supreme Court of Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Edsall, 385 So. 2d 207 (La. 1980).

Opinion

385 So.2d 207 (1980)

STATE of Louisiana
v.
Charles J. EDSALL.

No. 65900.

Supreme Court of Louisiana.

May 30, 1980.
Rehearing Denied July 7, 1980.

*208 William J. Guste, Jr., Atty. Gen., Barbara Rutledge, Asst. Atty. Gen., Edwin O. Ware, Dist. Atty., Greg Fowler, Edward E. Roberts, Asst. Dist. Attys., for plaintiff-appellee.

Gravel, Roy & Burnes, Richard V. Burnes, Alexandria, for defendant-appellant.

DENNIS, Justice.[*]

Defendant, Charles J. Edsall, pleaded guilty to armed robbery, La.R.S. 14:64, following an unsuccessful motion to suppress evidence, and reserved his right to appeal. See State v. Crosby, 338 So.2d 584 (La. 1976). He was sentenced to serve twenty-five years imprisonment at hard labor. He appealed and assigns as errors the trial court's rulings on the merits and procedural aspects of his motion to suppress.

At the conclusion of the motion to suppress hearing the trial judge dictated his reasons for judgment. His findings of fact, for which there is warrant in the record, are as follows:

"The pertinent and salient facts to this motion show that between 8:30 and 8:40 P.M. on Tuesday, May 15, 1979, the victim, Mack Bloodworth, Jr., after closing his business of Mack's Exxon Service Station located in the Lee Heights Community of Rapides Parish, was inside the station at his counter, counting his day's receipts and had his .357 Magnum revolver on the counter. He noticed a large 18-wheeler truck stop in front of his station and he saw this defendant come to his door and request admittance to obtain some ice. The victim allowed Charles J. Edsall to enter and went to the back of the station to fulfill this request. Upon returning with the ice, he was met by Edsall, whom he identified in court, holding his, Bloodworth's .357 Magnum. Edsall shot him in the left side and stomach area, tied him up and left him in the bathroom, taking the cash, daily receipts, and Bloodworth's pistol. Bloodworth worked himself free and at 8:53 P.M. called Michael D. Williams, the radio dispatcher of the Pineville Police Department who relayed the call to the Rapides Parish Sheriff's Department base station in Alexandria and its Tioga Branch.
"Deputy Sheriff Herbert Mount, Shift Commander on duty at this time, immediately assigned Detective Deputy William Earl Hilton who proceeded to the scene and arrived at approximately 9:00 P.M. Other officers had preceded Hilton to the scene and had put out radio transmissions of a very general description of the suspect and of the vehicle which had been seen in front of the station. Hilton, in talking to the victim and two witnesses who had observed the truck in front of the station just prior to and during the incident in question, radioed a description of the truck and the suspect to Shift Commander, Herbert Mount, who transmitted same to the surrounding base stations and to patrol units telling them of the robbery and to be on the lookout for a `White' (and that's brand name) freight liner, dark brown or purple with gold trim pulling a silver van-type trailer being driven by a white male with dark hair, five feet six inches in height, fairly young and heavy-set wearing blue jeans and some type of T-shirt and armed with a .357 Magnum.
"Among the officers hearing the call were the Chief of Police of Ball, Louisiana and his deputy, Officer Mark Musser. These two officers had proceeded southerly on U.S. 165 pursuant to the earlier description given and upon receiving this transmission from Deputy Mount, recalled *209 seeing a vehicle of that description traveling northerly on U.S. 165 a few minutes before. They turned around, gave pursuit, and overtook the vehicle just after it passed over an overpass entering Pollock, Louisiana, in the neighboring parish of Grant. At this time Deputy Sheriff W. A. Paul of the Grant Parish Sheriff's Department who was on patrol in and around the town of Pollock had also received radio communications about the suspect vehicle and the description of the subject. He saw a brand type `White Freight Liner' matching the description placed in the communication in Pollock and fell behind said truck determining to stop said vehicle outside the corporate limits of Pollock. Paul had no difficulty in identifying the type truck or the coloring by reason of the fact that this intersection in Pollock where he saw the truck is a well-lighted intersection and the truck equally passed in front of his headlights which were on.
"The Ball police unit occupied by Chief Moore and his deputy at this point were following the Grant Parish unit which turned on its flashing lights and pulled over the suspect truck. As the radio communication had warned that the subject was probably armed, they used loud-speakers and stayed in protective positions and ordered the driver from the truck. The defendant exited the driver's side of the vehicle with his hands cupped, with what later turned out to be a wallet. The officers ordered him to raise his hands and come to the rear of the trailer where he was spread-eagled against the truck and frisked and his mobility and freedom of movement were restrained. According to Chief Moore, it was clear that the driver of the truck matched the description of the robber given over the radio transmission. After this occurred, Officer Musser went to the cab of the stopped truck to determine if there was another robber and looked in with his flashlight and saw on the passenger's seat a .357 Magnum. It was similar to a Magnum that he used in his police work. The gun was removed by Musser and a Louisiana State Police officer arrived on the scene and transmitted the description of the gun through the Rapides base station to Detective Hilton at the scene of the crime. The gun was described on return communication which matched the gun found in Edsall's truck. He was then formally arrested and placed in Deputy Paul's vehicle. The officers then returned to the cab of the truck, entered same, and noted a Rapides Bank moneybag on top of the sleeper behind the seats and U.S. currency sticking out from under the mattress of the sleeper. Upon raising the sleeper, they found an additional zipper moneybag, additional currency, and credit card receipts to Mack's Exxon as well as personal checks payable to the establishment and other paperwork taken by the robber."

1. The Search and Seizure Were Lawful

When we apply the pertinent rules of law to these facts we conclude that (a) the officers lawfully detained the defendant for questioning because they had reasonable cause to suspect that he had committed the robbery; (b) the officer observed the .357 magnum in "plain view" because he was entitled as a safety precaution to a general visual survey of the vehicle from his position outside to determine if there was an accomplice in the truck; (c) the officers' search of the truck came within the ambit of the "automobile exception" to the constitutional requirement of a warrant because they had probable cause to believe the vehicle contained contraband or evidence of a crime and there were exigent circumstances requiring an immediate warrantless search.

A law enforcement officer may stop a person in a public place for questioning whom he reasonably suspects is committing, has committed or is about to commit an offense. La.C.Cr.P. art. 215.1. Reasonable cause for an investigatory stop or detention is something less than probable cause. Nevertheless, it requires the detaining officer to have articulable knowledge of particular facts sufficient reasonably to suspect the detained person of criminal activity.

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Bluebook (online)
385 So. 2d 207, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-edsall-la-1980.