State v. Frosch

787 So. 2d 336, 2000 La.App. 4 Cir. 1525, 2001 La. App. LEXIS 1165, 2001 WL 540983
CourtLouisiana Court of Appeal
DecidedMarch 14, 2001
DocketNo. 2000-KA-1525
StatusPublished
Cited by2 cases

This text of 787 So. 2d 336 (State v. Frosch) 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. Frosch, 787 So. 2d 336, 2000 La.App. 4 Cir. 1525, 2001 La. App. LEXIS 1165, 2001 WL 540983 (La. Ct. App. 2001).

Opinions

| t LOVE, Judge.

STATEMENT OF THE CASE

Defendant Michael Frosch was charged by bill of information on March 23, 2000 with possession of cocaine, a violation of La. R.S. 40:967(C). Defendant pleaded [339]*339not guilty at his March 28, 2000 arraignment. The trial court denied defendant’s motion to suppress the evidence on April 3, 2000. On April 10, 2000, defendant withdrew his former plea of not guilty and pleaded guilty as charged, reserving his right to appeal the denial of his motion to suppress. State v. Crosby, 338 So.2d 584 (La.1976). He was sentenced to three years at hard labor, with credit for time served. On the same date, the State filed a habitual offender bill of information, and defendant admitted to being the same person previously convicted of one prior felony offense. The trial court vacated the sentence originally imposed, and re-sentenced defendant as a second-felony habitual offender to three years at hard labor, with credit for time served, to run concurrently with any other sentence defendant was serving. The trial court granted defendant’s motion for appeal, li,FACTS

New Orleans Police Officer Jay Sedge-beer testified that on February 17, 2000, at approximately 11:50 p.m., he and his partner were patrolling an area that had recently been plagued with car burglaries. Officer Sedgebeer observed defendant on Thalia Street, standing next to a bicycle, with his hand on the door handle of a Ford Bronco. As Officer Sedgebeer later described it, defendant was “jiggling” the door handle. Defendant was also looking into the vehicle. The officers drove around the corner, and when they came up Thalia Street, defendant saw them, picked up his bicycle, and hurriedly pedaled away. At that point, the officers stopped defendant. After determining that the vehicle did not belong to defendant, and after learning via a records check that defendant was on probation for possession of cocaine, defendant was arrested for “tampering.” Officer Rodrigue, Officer Sedge-beer’s partner, searched defendant incidental to that arrest, discovering six pieces of crack cocaine in his right pocket.

ERRORS PATENT

A review of the record reveals no errors patent.

ASSIGNMENT OF ERROR

In his sole assignment of error, defendant claims the trial court erred in denying his motion to suppress the evidence.

On the trial of a motion to suppress, the State has the burden of proving the admissibility of all evidence seized without a warrant. La. C.Cr.P. art. 703(D); State v. Jones, 97-2217, p. 10 (La. App. 4 Cir. 2/24/99), 731 So.2d 389, 395, writ denied, 99-1702 (La.11/5/99), 751 So.2d 234. A trial court’s ruling on a motion to suppress the evidence is entitled to great weight, because the court has the [.^opportunity to observe the witnesses and weigh the credibility of their testimony. State v. Mims, 98-2572, p. 3 (La.App. 4 Cir. 9/22/99), 752 So.2d 192, 193-194.

Defendant first argues that police officers did not have reasonable suspicion to stop him.

La. C.Cr.P. art. 215(A) provides that:

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 an explanation of his actions.

“Reasonable suspicion” to 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 facts within his knowledge to justify an infringement of the suspect’s rights. State v. Littles, 98-2517, p. 3 (La.App. 4 Cir. 9/15/99), 742 So.2d 735, 737; State v. Clay, 97-2858, p. 4 (La.App. 4 Cir. 3/17/99), 731 So.2d 414, [340]*340416, writ denied, 99-0969 (La.9/17/99), 747 So.2d 1096. Evidence derived from an unreasonable stop, i.e., seizure, will be excluded from trial. State v. Benjamin, 97-3065, p. 3 (La.12/1/98), 722 So.2d 988, 989; State v. Tyler, 98-1667, p. 4 (La.App. 4 Cir. 11/24/99), 749 So.2d 767, 770. In assessing the reasonableness of an investigatory stop, the court must balance the need for the stop against the invasion of privacy that it entails. See State v. Harris, 99-1434, pp. 2-3 (La.App. 4 Cir. 9/8/99), 744 So.2d 160, 162. The totality of the circumstances must be considered in determining whether reasonable suspicion exists. State v. Oliver, 99-1585, p. 4 (La.App. 4 Cir. 9/22/99), 752 So.2d 911, 914; State v. Mitchell, 97-2774, p. 9 (La.App. 4 Cir. 2/3/99), 731 So.2d 319, 326. The detaining officers must have knowledge of specific, articulable facts, which, if taken together with rational 1 inferences from those facts, reasonably warrant the stop. State v. Dennis, 98-1016, p. 5 (La.App. 4 Cir. 9/22/99), 753 So.2d 296, 299; State v. Keller, 98-0502, p. 2 (La.App. 4 Cir. 3/10/99), 732 So.2d 77, 78. In reviewing the totality of the 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. Cook, 99-0091, p. 6 (La.App. 4 Cir. 5/5/99), 733 So.2d 1227, 1231; State v. Williams, 98-3059, p. 3 (La.App. 4 Cir. 3/3/99), 729 So.2d 142, 144. Deference should be given to the experience of the officers who were present at the time of the incident. State v. Ratliff, 98-0094, p. 3 (La.App. 4 Cir. 5/19/99), 737 So.2d 252, 254, writ denied, 99-1523 (La.10/29/99), 748 So.2d 1160.

Flight from police officers, alone, will not provide justification for a stop. State v. Benjamin, 97-3065, p. 3 (La.12/1/98), 722 So.2d 988, 989; State v. Sartain, 98-0378, pp. 17-18 (La.App. 4 Cir. 12/1/99), 746 So.2d 837, 849. However, flight from police officers is highly suspicious and, therefore, may be one of the factors leading to a finding of reasonable suspicion to stop. State v. Fortier, 99-0244, p. 7, (La.App. 4 Cir. 1/26/00), 756 So.2d 455, 459-160, writ denied, 2000-0631 (La.9/22/00), 768 So.2d 1285, citing Benjamin. Moreover, given the highly suspicious nature of flight from a police officer, the amount of additional information required in order to provide officers reasonable suspicion that an individual is engaged in criminal behavior is greatly lessened. Benjamin, supra; Fortier, supra.

In the instant case, police observed defendant at 11:30 p.m., standing next to his bicycle, peering into a parked vehicle, while “jiggling” the door handle— checking to see if it was open. This was observed by officers on patrol in an area where there recently had been a rash of car burglaries. In addition, upon seeing the lBofficers, defendant quickly pedaled away — flight at the sight of police. It cannot be said that a trial court presented with these facts would be clearly wrong in concluding that the officers could have reasonably suspected that defendant had been committing or had been about to commit a crime.

Defendant next argues that officers had no probable cause to arrest him. Warrantless searches and seizures fail to meet constitutional requisites unless they fall within one of the narrow exceptions to the warrant requirement. State v. Edwards, 97-1797, p. 5 (La.7/2/99), 750 So.2d 893, 901, cert. denied, Edwards v. Louisiana, 528 U.S. 1026, 120 S.Ct. 542, 145 L.Ed.2d 421 (1999).

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Bluebook (online)
787 So. 2d 336, 2000 La.App. 4 Cir. 1525, 2001 La. App. LEXIS 1165, 2001 WL 540983, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-frosch-lactapp-2001.