State v. Hamilton

845 So. 2d 383, 2003 WL 343033
CourtLouisiana Court of Appeal
DecidedFebruary 14, 2003
Docket2002 KA 1344
StatusPublished
Cited by13 cases

This text of 845 So. 2d 383 (State v. Hamilton) 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. Hamilton, 845 So. 2d 383, 2003 WL 343033 (La. Ct. App. 2003).

Opinion

845 So.2d 383 (2003)

STATE of Louisiana
v.
Eric Peter HAMILTON.

No. 2002 KA 1344.

Court of Appeal of Louisiana, First Circuit.

February 14, 2003.

*385 Walter P. Reed, Covington, Dorothy A. Pendergast, Metairie, for Plaintiff/Appellee, State of Louisiana.

John W. Lindner, II, Covington, for Defendant/Appellant, Eric Peter Hamilton.

*386 Before: CARTER, C.J., WHIPPLE and CIACCIO,[1] JJ.

CARTER, C.J.

The defendant, Eric P. Hamilton, was originally charged by bill of information with possession of cocaine, a violation of LSA-R.S. 40:967 C. He entered a plea of not guilty. The state later amended the charge to possession of cocaine with intent to distribute, a violation of LSA-R.S. 40:967 A, and the defendant entered a plea of not guilty to the amended charge. The defendant filed motions to suppress the evidence and confession, and the trial court denied both motions. After a trial by jury, the defendant was found guilty as charged. Upon the denial of the defendant's motion for a new trial, the defendant waived sentencing delays and the trial court imposed a sentence of nine years imprisonment at hard labor, the first five years to be served without the benefit of probation or suspension of sentence. The defendant was then adjudicated a multiple offender under the provisions of LSA-R.S. 15:529.1. The trial court vacated the previously imposed sentence and sentenced the defendant to fifteen years imprisonment at hard labor, the first five years to be served without the benefit of probation or suspension of sentence.[2] The defendant now appeals urging that the trial court erred in denying the motion to suppress the evidence and the motion for a mistrial and that the verdict is not supported by sufficient evidence. For the following reasons, we affirm.

FACTS

On June 3, 2001, Agents Mike Phelps and Doyle Roberts of the Louisiana Department of Public Safety and Corrections, The Division of Probation and Parole, received a tip from an anonymous female informant concerning drug activity of the defendant. The informant stated that the defendant was selling cocaine and that there was cocaine located at the defendant's residence. The informant specifically provided that drugs could be found in a hidden compartment of a dresser located in the defendant's bedroom.

Detective Nick Mistretta of the Slidell Police Department received a similar phone tip on June 4th, also from an anonymous female informant, and he contacted Agent Phelps. Agent Phelps informed Detective Mistretta that he would be performing a residence check at the defendant's home and asked the officer to assist him. Later that day, Agent Phelps and Detective Mistretta went to the defendant's home along with Agent Roberts, the defendant's parole officer, Sergeant Kevin Swann, and Detective John Hover.

When the officers arrived at the defendant's home, he was not there. Agent Roberts and Sergeant Swann went to the defendant's place of employment to look for him while Agent Phelps, Detective Hover and Detective Mistretta waited at the defendant's residence. The defendant arrived at his home with his wife just before Agent Roberts and Sergeant Swann returned to the house. The parole officers and detectives entered the home and began the search in the master bedroom. Two small bags of a substance suspected to be cocaine were located in a hidden compartment of a small dresser drawer along with a set of pinky scales, a razor *387 blade, an exacto knife, and men's jewelry. Detective Mistretta also located a large bag of suspected cocaine inside of a knit cap in a separate dresser drawer. Sergeant Swann advised the defendant of his Miranda rights and placed him under arrest. The defendant was ultimately convicted of possession of cocaine with intent to distribute.

ASSIGNMENT OF ERROR NUMBER ONE

In the first assignment of error, the defendant argues that the trial court erred in denying his motion to suppress the evidence. He specifically avers that the warrantless search of his residence was a mere subterfuge for police investigation. He submits that although he was a parolee at the time of the search, the search was instigated by police officers of the Slidell Police Department, Division of Narcotics, without the requisite probable cause.

A parolee has a reduced expectation of privacy, subjecting him to reasonable warrantless searches of his person and residence by his parole officer. See State v. Malone, 403 So.2d 1234, 1238 (La. 1981). The reduced expectation of privacy is a result of the parolee's conviction and agreement to report to a parole officer and to allow that officer to investigate his activities in order to confirm compliance with the provisions of his parole. State v. Vailes, 564 So.2d 778, 780-781 (La.App. 2d Cir.1990). A parole officer's powers, however, are not without some restraints. A parole officer may not use his authority as a subterfuge to help another police agency that desires to conduct a search but lacks the necessary probable cause. The parole officer must believe that the search is necessary in the performance of his duties and reasonable in light of the total circumstances. In determining the reasonableness of a warrantless search of a parolee and his residence, the court must consider: (1) the scope of the particular intrusion; (2) the manner in which the search was conducted; (3) the justification for initiating the search; and (4) the place it was conducted. State v. Vailes, 564 So.2d at 781.

In State v. Vailes, the probation officer had received information from a narcotic officer and a confidential informant that the defendant was possibly selling drugs out of, and keeping weapons in, his home. A search of the home revealed a shotgun in plain view in a bedroom and a rifle and other spare weapons parts on a table in a garage. The court concluded that this warrantless search was a reasonable exercise of the probation officer's authority. State v. Vailes, 564 So.2d at 781.

It is an appropriate function of a parole officer to conduct unannounced, random checks on parolees. A parolee agrees to submit to such unannounced visits from his parole officer as a condition of parole. State v. Wesley, 28,941, p. 8 (La. App.2d Cir.12/13/96), 685 So.2d 1169, 1174, writ denied, 97-0279 (La.10/10/97), 703 So.2d 603. While the decision to search must be based on something more than a mere hunch, probable cause is not required, and only a reasonable suspicion that criminal activity is occurring is necessary for a probation officer to conduct the warrantless search. State v. Epperson, 576 So.2d 96, 99 (La.App. 2d Cir.), writ denied, 580 So.2d 920 (La.1991).

In State v. Shields, 614 So.2d 1279, 1284 (La.App. 2d Cir.), writ denied, 620 So.2d 874 (La.1993), the Second Circuit Court of Appeal found that the search for a probation violation was not a subterfuge for a criminal investigation where there was no ongoing investigation of the defendant at the time an informant reported a possible probation violation. It was also noted that the search of the residence was *388 conducted by probation officers only. Likewise, in State v. Wesley, 685 So.2d at 1175, the court concluded that the search of the parolee's residence was not a subterfuge for a police investigation when the parole officers testified that they often conducted routine visits or checks on parolees and that they called the sheriff's office for back-up only when they encountered suspected criminal activity.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

State Of Louisiana v. Rickey Lionel Laurant
Louisiana Court of Appeal, 2024
State Of Louisiana in the Interest of K.H.
Louisiana Court of Appeal, 2021
State Of Louisiana v. Ronald St. Cyre
Louisiana Court of Appeal, 2019
State v. Edwards
107 So. 3d 883 (Louisiana Court of Appeal, 2013)
State v. Cosie
44 So. 3d 314 (Louisiana Court of Appeal, 2010)
State v. Robertson
988 So. 2d 294 (Louisiana Court of Appeal, 2008)
State of Louisiana v. Timothy E. Robertson
Louisiana Court of Appeal, 2008
State v. Pennison
986 So. 2d 256 (Louisiana Court of Appeal, 2008)
State v. Lay
986 So. 2d 255 (Louisiana Court of Appeal, 2008)
State v. Saulsby
892 So. 2d 655 (Louisiana Court of Appeal, 2004)
State v. Gordon
896 So. 2d 1053 (Louisiana Court of Appeal, 2004)
State v. Corbett
879 So. 2d 151 (Louisiana Court of Appeal, 2004)
State v. Smith
868 So. 2d 794 (Louisiana Court of Appeal, 2003)

Cite This Page — Counsel Stack

Bluebook (online)
845 So. 2d 383, 2003 WL 343033, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-hamilton-lactapp-2003.