State v. Hargrove

535 So. 2d 497, 1988 La. App. LEXIS 2506, 1988 WL 126966
Louisiana Court of Appeal·Decided November 30, 1988·No. No. 20023-KA·Published·Cited by 3 cases

Opinion

SEXTON, Judge.

The defendant, Jerome L. Hargrove, was charged by bill of information with possession of a controlled dangerous substance (cocaine), in violation of LSA-R.S. 40:967. After trial before a six-person jury, he was found guilty and sentenced to five years at hard labor. Defendant appeals, raising three assignments of error. Finding no merit to defendant’s contentions, we affirm the conviction and sentence.

FACTS

On October 3, 1986, Detective Kirk Pet-terson was working as part of the Metro Narcotics Unit of the Monroe Police Department. At about 9:10 p.m. Detective Petterson received information from a confidential informant with regard to two black males in a black Chrysler Cordoba at an address on Libby Drive (on the south side of Monroe). The confidential informant stated that he had seen a gram of cocaine on the person of the passenger and that the two would shortly be leaving the Libby Drive address. Detective Petterson, accompanied by Detective James Fried, also of the Metro Narcotics Unit, went to the location where the black Cordoba was alleged to be.

After arriving at the specified location the officer spotted a black Cordoba occupied by two black males parked in the driveway. Shortly thereafter, the car departed and Detective Petterson and Detective Fried followed the Cordoba for a short distance before stopping it. The driver of the car was Fred Parker, and the passenger was Jerome Hargrove, the defendant.

Both occupants were asked to step out of the car. Detective Petterson held a spotlight on the vehicle while Detective Fried conducted a pat-down search for weapons of both the driver and the passenger. The defendant was standing on the passenger side of the car and had his hands on the top of the car while Detective Fried patted him down. Detective Petterson was in a position to observe the defendant at all times.

The driver and the defendant were then brought to the rear of the car where Detective Fried began a closer search of the defendant. Detective Petterson remained about two to three feet away from the defendant. As Detective Fried engaged in a search of the defendant, Detective Petter-son observed a small plastic package containing a tanish-pink powder fall onto the street. The package appeared to drop from the defendant’s pants’ leg. Detective Petterson retrieved the package from near the defendant’s feet. Prior to the package falling to the ground, no items similar to the package were observed. The package was turned in to the crime lab where it was tested and identified as cocaine, a Schedule II drug.

ASSIGNMENT OF ERROR NO. 1

Appellant argues in assignment of error number one that the trial court erred in denying his motion to suppress. He specifically argues that the information known to the police at the time of the stop was insufficient to render probable cause for [499] that stop. In this respect, he argues that the informant failed to give a name and description of the person alleged to have the drugs and did not give the license plate number of the car. Further, he argues that although the informant stated he had seen the cocaine on the defendant’s person, no time or place was given as to when the drug was seen and no information was given as to where on the defendant’s person the drugs could be found. He concludes that there was no independent police investigation to corroborate the informant’s tip.

Both state and federal constitutions prohibit unreasonable searches and seizures. U.S. Const.Amend. IV; LSA-La. Const. Art. 1, § 5 (1974). Implicit in this protection is a restraint upon police from approaching an individual under circumstances which make it seem that some form of detention is imminent unless police have either probable cause to arrest or reasonable grounds to detain. State v. Duplessis, 391 So.2d 1116 (La.1980). A search incident to arrest is a recognized exception to the rule that a warrantless search is unreasonable. Chimel v. California, 395 U.S. 752, 89 S.Ct. 2034, 23 L.Ed.2d 685 (1969); State v. Tomasetti, 381 So.2d 420 (La.1980).

Probable cause to arrest without a warrant exists when facts and circumstances known to the officer and of which he has reasonably trustworthy information are sufficient to justify a man of ordinary caution in believing that the person to be arrested has committed a crime. Beck v. Ohio, 379 U.S. 89, 85 S.Ct. 223, 13 L.Ed.2d 142 (1964); State v. Marks, 337 So.2d 1177 (La.1976). Probable cause to arrest may be provided by information received from a confidential informant as long as the basis for the information and the informant’s reliability, when examined under the totality of the circumstances, are established. Illinois v. Gates, 462 U.S. 213, 103 S.Ct. 2317, 76 L.Ed.2d 527 (1983). Although an informant’s “veracity,” “reliability” and “basis of knowledge” are no longer controlling, they are still relevant factors in the totality of the circumstances examination. Illinois v. Gates, supra.

Appellant’s argument that there was no independent police investigation to corroborate the informant’s information is dispelled by the record. The officers immediately proceeded to the address given and found a vehicle and passengers as described by the informant. This vehicle shortly left the residence, a fact which they had been told to anticipate. These activities took place within such a short period of time that further investigation was impossible. However, most of the circumstances they had been related were at that point corroborated by their observations.

The additional information which the officers had received was that the informant, who had been shown to be extensively reliable in the past, had seen the cocaine on the person of the defendant. Appellant concedes that the informant “stated that he had seen the cocaine on the defendant’s person” but nevertheless did not have a sufficient basis of knowledge as the informant provided no name, license plate number, time or place from which the knowledge was obtained.

In support of his argument defendant cites State v. Raheem, 464 So.2d 293 (La.1985) and State v. Ruffin, 448 So.2d 1274 (La.1984). In both of these cases, the Louisiana Supreme Court gauged the search and arrest respectively under the Gates “totality of circumstances doctrine” and determined that the police action at issue should be suppressed. The Supreme Court determined in both cases that the reason there was no probable cause was because the basis for the informant’s information was not known. Thus, this fact, when compared to the totality of the circumstances, did not render sufficient information to yield probable cause.

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

State v. Hargrove, 535 So. 2d 497, 1988 La. App. LEXIS 2506, 1988 WL 126966 (La. Ct. App. 1988).

535 So. 2d 497 (State v. Hargrove) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

State v. Baldwin
79 So. 3d 1258 (Louisiana Court of Appeal, 2011)
State v. Smason
572 So. 2d 710 (Louisiana Court of Appeal, 1990)
State v. Williams
567 So. 2d 755 (Louisiana Court of Appeal, 1990)