State v. Garriga

592 So. 2d 453, 1991 WL 272531
CourtLouisiana Court of Appeal
DecidedDecember 11, 1991
Docket91-KA-508
StatusPublished
Cited by5 cases

This text of 592 So. 2d 453 (State v. Garriga) 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. Garriga, 592 So. 2d 453, 1991 WL 272531 (La. Ct. App. 1991).

Opinion

592 So.2d 453 (1991)

STATE of Louisiana
v.
Troy M. GARRIGA.

No. 91-KA-508.

Court of Appeal of Louisiana, Fifth Circuit.

December 11, 1991.
Writ Denied April 20, 1992.

*454 Dorothy Pendergast, Asst. Dist. Atty., Gretna, for plaintiff/State.

*455 Philip E. O'Neill, Gretna, for defendant/appellant.

Before GRISBAUM, WICKER and CANNELLA, JJ.

CANNELLA, Judge.

Defendant, Troy Garriga, appeals his conviction of possession of over 400 grams of cocaine, a violation of LSA-R.S. 40:967 F. Defendant pled guilty to the charge pursuant to State v. Crosby, 338 So.2d 584 (La.1976), thereby reserving his right to appeal. He was thereafter sentenced to fifteen years imprisonment at hard labor, with credit for time served, and was also ordered to pay a fine of $250,000.

The issue on appeal is whether the trial judge erred in denying defendant's motion to suppress the evidence. We affirm.

Defendant arrived from the Los Angeles, California area on flight 824 at 7:30 a.m. on February 1, 1990. Narcotics officers Glen Davis and Jarrad Simone, who were working undercover duty at the time, were observing the passengers arriving on this particular flight because Los Angeles is considered to be a source city for narcotics. Neither officer had specific information about anyone on the plane but the officers routinely checked the passengers on this flight because of its origination from Los Angeles.

The police officers testified at the suppression hearing that the defendant caught their attention when he exited the gate. He began looking around, nervously, and not in a manner normally associated with deplaning passengers. The officers, who were not dressed in uniform and were standing near the gate exit, stated that he also made unusual and prolonged eye contact with them for an extended length of time as he scanned the area. The officers noted he did not have carry-on luggage. As a result of their suspicions they followed him to the baggage claim section of the airport. Once there the officers observed defendant move his single piece of luggage from the claim area and approach a waiting taxi where he requested a ride to a downtown New Orleans hotel.

Before the defendant could enter the taxi, they approached him, identified themselves as police officers and asked if they could speak with him. They stated that he agreed. Officer Davis questioned the defendant concerning where he was arriving from and his purpose for being here. Defendant stated he was arriving from Los Angeles to visit family and friends. He produced his plane ticket upon request and the officers noted it was a one-way, full fare ticket, costing $394.00, which had been purchased with cash. The ticket showed the name "Troy Briant".

The officers then requested that the defendant produce identification and he presented a California driver's license in the name of "Troy Briant". The officers testified that the defendant became increasingly nervous during the conversation and that his hands were trembling and his breathing became labored.

The officers told the defendant that they were narcotics officers and asked for permission to search his luggage. They testified that he consented. They asked him if he would mind stepping inside the airport door, to get out of the passageway and to avoid the noise caused by construction. He agreed and the three moved back into the building.

Officer Davis requested defendant's key to the luggage and the officers testified he handed the key to Officer Simone. When the officer reached inside the suitcase he found a square package wrapped in cellophane and duct tape consistent with the size and weight of cocaine. The officers stated defendant told them "there's more" and a continued search disclosed a total of five kilograms of a substance that later tested positive for cocaine in a preliminary field test performed by Officer Davis.

The officers stated that they then placed defendant under arrest, advised him of his rights and transported him to the Kenner police station. A search of defendant revealed $4,300 in cash in his jacket pocket. Other identification in his wallet revealed his name to be Troy Garriga, not Troy Briant.

*456 The defendant testified in his own defense at trial of the suppression hearing. He contended his behavior was not unusual, that the reason he was looking around was to see where to go. He said the officers approached him and presented their badges as soon as they heard him tell the cab driver he wanted to go downtown. He contended they approached from each side.

The defendant stated he told the officers he was from Ontario in San Bernadino County, rather than Los Angeles. He explained to the court that the name on his driver's license and airline ticket was his mother's maiden name and he was using it to establish credit which was, he contended, commonly done in California to re-establish a credit history. Defendant stated he then produced his ticket for the officers, pursuant to their requests. He stated that during this period of questioning he did not feel free to leave due to the positioning of the officers and their manner in questioning him.

The defendant testified that the officers informed him they were narcotics agents and that they were having problems with contraband arriving from the West Coast. They then asked if they could search his bag. Defendant stated he refused but they told him they were going to search it anyway. He contended one of the agents grabbed the bag as they were heading back into the terminal and insisted on searching it. Defendant stated the officer asked for the key to the bag and the defendant replied it was in his jacket pocket. The officer reached into his pocket, retrieved the key, opened the bag, and found the cocaine. Defendant testified further that the officers at no time returned his license or plane ticket and never informed him he was free to leave. He insisted that he never gave them permission to search the bag and that he felt compelled to submit to the officers' interrogation.

Defendant was arrested and charged with possession of over 400 grams of cocaine. He initially pled not guilty and a motion to suppress the evidence was thereafter filed. A hearing was heard on the motion on June 15, 1990, after which the trial judge denied the motion concluding there was no "seizure", within the meaning of the Fourth Amendment. He further concluded that the conversation with defendant was justified because they had reasonable suspicion he was engaged in the commission of a crime. He also found the defendant voluntarily and without coercion consented to the search.

Defendant asserts he neither fit the "drug courier profile" nor was his behavior such that the officers had "reasonable suspicion" to stop him at the airport.

The United States and the Louisiana Constitutions prohibit unreasonable searches and seizures. U.S. Const. Amend. 4; La. Const., Art. 1, Sec. 5. However, the purpose of these provisions is not to eliminate all contact between law enforcement officers and citizens. As long as a reasonable person would feel free to walk away, there has been no seizure and no objective justification is required for the encounter. See Florida v. Royer, 460 U.S. 491, 103 S.Ct. 1319, 75 L.Ed.2d 229 (1983).

The distinction between a permissible encounter and a seizure was set forth in Royer, 103 S.Ct. at page 1324 as follows:

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Related

State v. Sider
686 So. 2d 929 (Louisiana Court of Appeal, 1996)
State v. Ellis
657 So. 2d 341 (Louisiana Court of Appeal, 1995)
State v. Franklin
648 So. 2d 962 (Louisiana Court of Appeal, 1994)
State v. Jones
624 So. 2d 1249 (Louisiana Court of Appeal, 1993)
State v. Garriga
596 So. 2d 553 (Supreme Court of Louisiana, 1992)

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Bluebook (online)
592 So. 2d 453, 1991 WL 272531, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-garriga-lactapp-1991.