State v. Green

831 So. 2d 962, 2002 WL 31716536
Supreme Court of Louisiana·Decided December 4, 2002·No. 2002-KK-1022·Published·Cited by 42 cases

Opinion

831 So.2d 962 (2002)

STATE of Louisiana
v.
Gwana GREEN, et al.

No. 2002-KK-1022.

Supreme Court of Louisiana.

December 4, 2002.

*964 Richard P. Ieyoub, Attorney General, Harry F. Connick, District Attorney, Jacques Y. LeBlanc, Valentin M. Solino, Counsel for Applicant.

Robert C. Jenkins, New Orleans, Jason R. Williams, Counsel for Respondent.

KNOLL, Justice.

In this criminal case, we are asked to consider whether the affidavit in support of a search warrant established the requisite probable cause. Finding that a practical, common sense reading of the affidavit established sufficient probable cause *965 for the issuance of a search warrant, we reverse the trial court's decision to suppress the evidence seized as the result of the execution of the warrant.

FACTS AND PROCEDURAL HISTORY

At approximately 4:00 p.m. on May 2, 2001, Detective Matthew Riles of the New Orleans Police Department Child Abuse Section was informed that J. S., a four year old child,[1] had been brought to the Medical Center of Louisiana with severe second- and third-degree burns[2] to more than 50% of his body. When Riles arrived at the hospital, he was told doctors were preparing to airlift the victim to Shriner's Burn Center in Galveston, Texas for emergency treatment.

The initial report the detective received at the scene indicated the victim had drawn his own bath water at approximately 11:00 the night before, tested the water on his own, and then slipped in scalding hot water while trying to exit the bathtub. Because of the severity of the burns, the detective did not take a statement from the child. Later, however, Detective Riles and Officer Lorenzo of the Public Integrity Division spoke with the defendants, Gwana Green and Noel Sanders.

After Green was advised of and waived her Miranda rights, she told the police that J.S. arrived home some time after 10:00 p.m. the night before he was brought to the hospital. She and her fiancé, Sanders, lived at an apartment at 8800 I 10 Service Road, Building Six, Apartment 19. When J.S. arrived, Green instructed him to draw his bath water while she ironed his clothes. The child complied with her instructions, although he complained about getting into the tub. She told the police that she was tired at the time and told J.S. to get into the tub. She then said she heard him get into the water and splash around "like he was washing" for approximately a minute. Green then heard her son complain that the water was too hot. She entered the bathroom to get him, but he fell back in the water when her grip slipped as she tried to pull him out of the bathtub. She successfully removed him from the bathtub on her second attempt and admonished him for getting into water that was too hot.

Green told the police J.S. looked a little "pink" when he got out of the bathtub. However, she contended she was not particularly concerned because both the child and Sanders frequently appeared that color after bathing, ostensibly because of their light skin tone. She further observed that the boy's toes appeared "wrinkled," but again claimed she did not find this odd. She remembered "patting" the boy's legs and body and stated he did not complain of any pain. Green stated she then spoke to unspecified pharmacists at Walgreens and doctors at Meadowcrest Hospital who recommended treatment for the child. Accordingly, she spent the rest of the evening applying antiseptic ointments and cool towels. The following *966 morning, she went to work and left the child in Sanders's care. Sanders was home during the day because he worked the evening shift at the New Orleans Police Department, Second District.

Officer Sanders also waived his Miranda rights and gave a statement. He claimed that while at work on May 1, he received a telephone call from Green, his fiancée, at about 10:50 p.m. She told him J.S. had drawn his own bath water and was in the tub for approximately a minute when he began to complain that the water was too hot.

When Sanders arrived home, he also noted the pink tone of his son's skin, but was not alarmed. He also stated his son's toes appeared wrinkled as if he had "been in water too long." Because the child appeared sunburned, Sanders asked the boy if anything hurt, and he replied in the negative.

It was not until the next day that Sanders noticed that his son's skin was peeling. He then made several telephone calls and at some point, decided to take his son to the hospital. However, rather than calling work, Sanders instead drove from their apartment across town to the Second District headquarters to ask his supervisor personally for an emergency furlough to tend to the child. On his way back, he stopped at the New Orleans Police Department Child Abuse Section and spoke with Commander Jeneiro Sanders to "let everyone know what was going on."

Evidently finding the statements of Green and Sanders did not satisfactorily explain the extent of the victim's injuries, on May 2, 2001, the detectives applied for a search warrant. The warrant application specified the defendants' address as the premises to be searched and stated that the purpose of the search warrant was the seizure of the following property: (1) photos of the crime scene; (2) the collection of any evidence of the crime; (3) the collection of "skin tissue" from the victim; (4) the testing of the water temperature of the residences; and (5) the collection of the victim's clothing. In support of the warrant application, Detective Aaron Blackwell[3] submitted an affidavit that offered the following facts:

Upon completion of the initial investigation Detective M. Riles and A. Blackwell learned the following. The victim was transported to Charity Hospital at about 3:08 p.m. on 05-02-2001. Upon arrival at the hospital the victim was noted to be suffering from major second and third degree burns covering over 55% of his body.
Additionally, the detective learned that the victim, his father (suspect) and his father's girl friend (suspect) all reside at 8800 I-10 Service Road, Apt. # 19. Additionally, the victim stated that the incident occurred at his residence last night (05-01-01).
It should be noted, the suspect's [sic] were advised of their rights as to investigation and agreed to make a statement. Based on the statement given by both suspect's [sic] the incident occurred at the above listed residence.

Based upon the affidavit presented, Magistrate Anthony Russo signed a search warrant at 11:30 p.m. on May 2, 2001.

Upon execution of the warrant, the detectives recovered gauzes, ointments, pieces of dead skin, and sheets stained with what appeared as blood. The officers *967 also tested the bath water and determined it could be run at a temperature of 160 degrees. The detectives consulted a chart from the Office of Juvenile Justice and Delinquency Prevention and learned that burns would occur to an adult after only an exposure of two seconds to 149 degree water and that a child would burn more quickly. After reviewing the results of the search, speaking to a few other unspecified parties, and re-interviewing Green, the victim's mother, the officers acquired arrest warrants for the defendants. They were both taken into custody without incident at the Child Abuse Section.

Subsequently, on September 27, 2001, the State filed a bill of information, charging Sanders and Green. As to Green it is alleged that on May 1, 2001

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State v. Green, 831 So. 2d 962, 2002 WL 31716536 (La. 2002).

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