State v. Hall

342 So. 2d 616
CourtSupreme Court of Louisiana
DecidedJanuary 24, 1977
Docket58444
StatusPublished
Cited by8 cases

This text of 342 So. 2d 616 (State v. Hall) 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. Hall, 342 So. 2d 616 (La. 1977).

Opinion

342 So.2d 616 (1977)

STATE of Louisiana
v.
Isaiah HALL.

No. 58444.

Supreme Court of Louisiana.

January 24, 1977.
Rehearing Denied March 2, 1977.

*618 Laurence D. Rudman, Rudman & Howard, New Orleans, for defendant-appellant.

William J. Guste, Jr., Atty. Gen., Barbara Rutledge, Asst. Atty. Gen., John M. Mamoulides, Dist. Atty., Abbott J. Reeves, Director, Research and Appeals Division, Gretna, for plaintiff-appellee.

SANDERS, Chief Justice.

The State charged Isaiah Hall with possession of heroin with the intent to distribute in violation of LSA-R.S. 40:966(A). After a jury trial, defendant was found guilty as charged. The court sentenced him to life imprisonment.

He appeals his conviction and sentence, relying upon fourteen assignments of error.[1]

ASSIGNMENTS OF ERROR NOS. 22, 24, AND 25

In these assignments, defendant asserts that his right to privacy was violated when the police officers entered into a private dwelling without a warrant. Amendment IV of the United States Constitution; Article I, Section 5 of the Louisiana Constitution of 1974.

Defendant contends that without a warrant or probable cause for arrest, police officers entered his motel room, held him at gun point, searched his room, and found two plastic bags containing heroin and other narcotics paraphernalia.

At the hearing on the motion to suppress, the following evidence was adduced:

Agent Richard Dennis of the Jefferson Parish Police Department Narcotics Division, acting upon information supplied by a confidential informant, whose reliability in the past led to narcotics arrests in Jefferson Parish, sent the confidential informant to Room 229 of the Sentry Motel in Gretna, Louisiana, to purchase three packets of heroin. Following standard police procedure, Agent Dennis searched the confidential informant but found no money or narcotics on his person. He then gave the informant thirty-six dollars with which to purchase the three packets of heroin. Agent Dennis proceeded to a place where he could observe the actions of the informant and there witnessed the informant knock on the door of Room 229 of the Sentry Motel and gain entrance. The agent then witnessed the informant exit that room and proceed to a pre-arranged meeting place where the informant produced three tin-foil packets. The agent conducted a field test and found the packets contained heroin. He searched the confidential informant and found no other narcotics or money. The informant told Agent Dennis that Isaiah Hall and James Lewis, also known as "Cadillac Slim" and "Slim," were in possession of a large quantity of heroin and that the heroin might be moved.

A search warrant was secured for Lewis's residence, 1815 Joanne Place in New Orleans. Both New Orleans and Jefferson Parish Police Officers executed the warrant. Mrs. Lewis and her children were present. Certain non-contraband articles were seized along with $1,190 in cash and an envelope bearing the words: "Call Slim at 366-4551, Room 229." The officers traced this telephone number to the Sentry Motel in Gretna where the informant made the buy from Isaiah Hall with Lewis present. Fearing that the occupants of Room 229 would receive word of the search of Lewis's residence or that the occupants had already received word, the officers returned to the Sentry Motel at approximately 5 a.m. and *619 obtained a pass key from the manager. They knocked on the door of Room 229 and announced that they were police officers. Receiving no response, but hearing movements inside, they opened the door with the key and entered with guns drawn. The officers testified that they feared the contraband would be destroyed. The officers found defendant, a woman, and a small child in the bed. They ordered the occupants out of bed. Defendant was arrested and read his "Miranda rights." The officers explained the purpose of the entry to defendant and told him that they would obtain a search warrant before fully searching the room. A cursory "Chimel" search was conducted for weapons within the reach of the occupants. Within a few minutes Agent Dennis left the room "secured" and obtained a search warrant. Within approximately sixty minutes of the entry into the motel room, Agent Dennis returned with the search warrant. A full search was then conducted. There officers found two plastic bags containing a brown substance which they field tested and found to contain 9% heroin. The officers found the heroin above the tiles of the suspended ceiling, along with a small tin foil package of white powder. When tested, the white powder was found to contain three grams of procaine, a substance used to dilute heroin for sale on the street. The officers also seized two cans of shaving powder and a set of five measuring spoons which when tested disclosed procaine residue.

In substance, defendant argues that the entry cannot be justified; that there was no necessity for "securing" the motel room. He contends that the police officers could have kept the room under surveillance and monitored the motel switchboard until the warrant was procured.

Defendant concedes that he was arrested when the police officers entered the room and restrained him. Nonetheless, he argues that because he was not removed from the scene until an hour later, when the search warrant was executed and the contraband seized, the officers did not intend to hold him on the basis of their warrantless entry.

Louisiana Code of Criminal Procedure Article 213 authorizes an officer to arrest a person without a warrant when there is reasonable cause to believe that that individual has committed an offense, although not in the presence of the officer. Reasonable or probable cause to arrest exists when the facts and circumstances within the arresting officer's knowledge suffice to justify a man of average caution to believe that an offense has been committed.

In determining whether reasonable cause for arrest exists, the rigorous proof required for conviction is unnecessary. Reasonable cause is something less and must be judged by the probabilities and practical considerations of everyday life on which average men, and more particularly, average police officers can be expected to act. State v. St. Amand, La., 274 So.2d 179 (1973); State v. Williams, 260 La. 1167, 258 So.2d 539 (1972); State v. Dell, 258 La. 1024, 249 So.2d 118 (1971).

Admittedly, defendant was arrested when the officers entered his motel and restrained his movement. The police officers actually placed defendant under arrest based upon their conclusion that defendant possessed heroin with the intent to distribute.

We find that the police officers had reasonable cause to arrest defendant. Since the arrest was legal, the search for weapons within the reach of the occupants following the arrest was also proper. Chimel v. California, 395 U.S. 752, 89 S.Ct. 2034, 23 L.Ed.2d 685 (1969).

We also find that exigent circumstances existed which justified the warrantless entry until a search warrant could be obtained. Once Lewis's residence in New Orleans was searched, the large amount of heroin at the motel was in danger of being destroyed. Officers could not have known whether the news of the search of Lewis's residence in New Orleans had reached the motel room in Gretna. The officers, therefore, acted reasonably in preventing the destruction of the evidence. Ker v. California, 374 U.S. 23, 83 S.Ct. 1623, 10 L.Ed.2d 726 (1963); Warden

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342 So. 2d 616, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-hall-la-1977.