State v. Grant

52 So. 3d 149, 10 La.App. 5 Cir. 83, 2010 La. App. LEXIS 1433, 2010 WL 4226652
CourtLouisiana Court of Appeal
DecidedOctober 26, 2010
Docket10-KA-83
StatusPublished
Cited by3 cases

This text of 52 So. 3d 149 (State v. Grant) 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. Grant, 52 So. 3d 149, 10 La.App. 5 Cir. 83, 2010 La. App. LEXIS 1433, 2010 WL 4226652 (La. Ct. App. 2010).

Opinions

MARC E. JOHNSON, Judge.

| ^Defendant, Kevin Grant, appeals from his convictions for possession with intent to distribute marijuana and possession of cocaine. We affirm.

On December 11, 2008, the Jefferson Parish District Attorney’s Office filed a bill of information charging defendant with the above two offenses. Defendant initially pled not guilty, but later, after his motion to suppress the evidence was denied, withdrew his not guilty pleas and pled guilty as charged to both counts under State v. Crosby, 338 So.2d 584 (La.1976). Pursuant to a plea agreement, defendant was sentenced to five years imprisonment at hard labor on each count to run concurrently, which was suspended in favor of five years active probation.1

[151]*151In his sole assignment of error, defendant contends the trial court erred in denying his motion to suppress the evidence. We note that when defendant entered his Crosby plea, he failed to specify the pre-trial ruling that he wished to preserve [sfor appeal. A defendant’s failure to specify which pre-trial ruling he desires to reserve for appeal as part of a guilty plea entered pursuant to Crosby may limit the scope of appellate review, but does not preclude review altogether. State v. Joseph, 03-315, p. 1 (La.5/16/03), 847 So.2d 1196 (per curiam). Absent specification, an appellate court should presume that the Crosby reservation preserves review of those evidentiary rulings which “go to the heart of the prosecution’s case,” such as the denial of a motion to suppress, and not rulings that may affect the conduct of the trial but do not substantially relate to guilt. Id., 03-315 at 1-2, 847 So.2d at 1196. After reviewing the record, we find that the only pre-trial ruling that could be reviewed is the denial of defendant’s motion to suppress the evidence.

Defendant contends the evidence seized pursuant to the search warrant should have been suppressed because the search warrant contained the wrong municipal address and a wrong physical description of the residence to be searched. Specifically, defendant asserts the search warrant erroneously listed the place to be searched as 434 Ocean Ave. instead of the correct address of 474 Ocean Ave. He also claims the search warrant described the premises to be searched as a wooden structure with a tan door, but the residence searched was a stucco concrete structure with a white door. Because of these errors, defendant maintains the search warrant did not particularly describe the premises to be searched and facilitated the search of the wrong premises. He argues these errors are fatal despite the fact the correct premises were ultimately searched.

The State contends that any inaccuracies in the warrant’s description never created any real danger that the wrong location would be search because the officer who executed the warrant also applied for the warrant and was the same person, |4who through surveillance of the home, had personal knowledge of the location that was to be searched.

At the suppression hearing, Sergeant James Gregoire testified he received information from a confidential informant (Cl) that K.G., who lived on Ocean Ave., was selling marijuana and sometimes sold crack cocaine. Sgt. Gregoire arranged for a controlled buy with the Cl. He met with the Cl, searched him for illegal contraband and money, and then provided him with prerecorded money to conduct a buy. Sgt. Gregoire maintained constant surveillance while the Cl proceeded to the residence and met with K.G., who was later identified as defendant. The Cl knocked on the front door of the residence, where defendant greeted him before walking back into the residence while the Cl waited outside. After defendant returned, Sgt. Gregoire observed a hand-to-hand transaction take place between defendant and the CL Thereafter, the Cl walked to a prearranged location while under constant surveillance. The Cl gave Sgt. Gregoire ecstasy and marijuana he had obtained from defendant.

Sgt. Gregoire subsequently prepared an affidavit for a search warrant and obtained a search warrant for the residence. During his testimony, Sgt. Gregoire admitted that he made a typographical error when typing the affidavit. He explained that he accidentally typed 434 instead of 474 when typing the numerical address of the residence to be searched. He testified the same typographical error regarding the [152]*152numerical address also appeared in the search warrant.

Sgt. Gregoire further testified that the description of the residence in the affidavit corresponded to the residence he personally had under surveillance and was a correct description of the residence at 474 Ocean Ave. He described the residence as a tan wooden single story, single family dwelling with dark red trim and a tan front door. The application for the search warrant and the actual search | swarrant described the residence to be searched as “a single family dwelling, single story structure, constructed wood with a black roof,” and a tan colored wooded front door which faced east.

Sgt. Gregoire stated he was the lead investigator in charge of executing the search warrant and was present when the search warrant was executed. He testified the residence at 474 Ocean Ave. was searched, which was the house that he had kept under surveillance. He stated 434 Ocean Ave. was never searched.

Defendant also testified at the suppression hearing. He stated he has lived at 474 Ocean Ave. for his entire life, or 20 years. He introduced photographs of his house, which showed a stucco exterior and a white door. Although he admitted the photographs were taken some time after the search, defendant testified his house has looked like the photographs for 20 years and that the photographs accurately depicted the appearance of his residence on the day it was searched by the police. He further stated his house had never been made of wood and the door to his house had never been painted tan.

The trial court denied defendant’s motion to suppress the evidence. In the trial judge’s reasons for judgment, she expressed that the inaccuracies complained of did not invalidate the search of defendant’s residence. She noted that Sgt. Gre-goire supervised the execution of the warrant and had personal knowledge of the location to be searched because before the search he had conducted surveillance of the location and supervised a controlled buy from the defendant at the location. The trial judge found that based on the totality of circumstances, it was highly unlikely the executing officers would have searched the wrong address.

A defendant who seeks suppression of evidence seized pursuant to a warrant has the burden of proving the grounds of his motion. La.C.Cr.P. art. 703(D). A trial court has great discretion when ruling on a motion to suppress, and its ruling | ñwill not be disturbed absent an abuse of that discretion. State v. Nicholas, 06-903, p. 6 (La.App. 5 Cir. 4/24/07), 958 So.2d 682, 686.

A search warrant must particularly describe the place to be searched. U.S. Const. Amend. IV; La. Const, art. I, § 5; La.C.Cr.P. art. 162. The particularity requirement in the Warrant Clause of the Fourth Amendment assures that “[b]y limiting the authorization to search to the specific areas and things for which there is probable cause to search ... the search will be carefully tailored to its justifications, and will not take on the character of the wide-ranging exploratory searches the Framers intended to prohibit.” State v. Sterling, 99-2598, p.

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Related

State v. Smoot
105 So. 3d 992 (Louisiana Court of Appeal, 2012)
State v. Jones
81 So. 3d 236 (Louisiana Court of Appeal, 2011)
State v. Grant
52 So. 3d 149 (Louisiana Court of Appeal, 2010)

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Bluebook (online)
52 So. 3d 149, 10 La.App. 5 Cir. 83, 2010 La. App. LEXIS 1433, 2010 WL 4226652, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-grant-lactapp-2010.