State v. Harmon

594 So. 2d 1054, 1992 WL 25649
CourtLouisiana Court of Appeal
DecidedFebruary 12, 1992
DocketCr-91-486
StatusPublished
Cited by17 cases

This text of 594 So. 2d 1054 (State v. Harmon) 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. Harmon, 594 So. 2d 1054, 1992 WL 25649 (La. Ct. App. 1992).

Opinion

594 So.2d 1054 (1992)

STATE of Louisiana, Plaintiff-Appellee,
v.
Clifton A. HARMON, Defendant-Appellant.

No. Cr-91-486.

Court of Appeal of Louisiana, Third Circuit.

February 12, 1992.

*1056 Alcide J. Gray, Ulysses Gene Thibodeaux, Louis E. Buatt, Lake Charles, for defendant-appellant.

Julie Cullen, Asst. Atty., Gen., Baton Rouge, for plaintiff-appellee.

Before DOMENGEAUX, C.J., STOKER, J., and MARCANTEL,[*] J. Pro Tem.

*1057 BERNARD N. MARCANTEL, Judge Pro Tem.

This appeal presents the issue of whether defendant was properly convicted and sentenced for attempted possession of cocaine with intent to distribute and attempted possession of marijuana with intent to distribute.

Clifton A. Harmon (hereinafter defendant) was arrested on August 18, 1989 as a result of a "reverse sting operation" conducted by the Calcasieu Parish Sheriff's Office. The defendant was indicted on September 7, 1989 by a grand jury for possession of cocaine with intent to distribute and possession of marijuana with intent to distribute.

Defendant filed numerous pretrial motions in this case and, among them was a Motion to Suppress seized evidence, which motion was denied after a hearing on April 20, 1990. Subsequently, a jury trial was held and the jury returned a verdict of guilty of attempted possession of cocaine with intent to distribute and attempted possession of marijuana with intent to distribute. On February 6, 1991, defendant was sentenced to serve ten years in the custody of the Department of Corrections on each count. These sentences were ordered to run concurrent to one another, but consecutive to any sentence rendered in Texas against defendant.

Defendant appealed, assigning seven assignments of error. In brief defendant elected to address only assignments of error numbers 1, 4, 6 and 7; therefore, the remainder of the assignments are considered abandoned. Uniform Rules-Courts of Appeal, Rule 2-12.4.

FACTS

In August, 1989, the Calcasieu Parish Sheriff's Office conducted a "reverse sting" narcotics operation in which the Sheriff's Office enlisted the aid of a confidential informant who had previously established contact with defendant while the informant was incarcerated in the Calcasieu Parish Jail. At that time, defendant had initiated a relationship with the informant for the purpose of purchasing a large quantity of narcotics when the informant was released from jail. After the informant made bail, he notified the authorities of the Sheriff's Office of his relationship with defendant and the reverse sting operation was implemented in an attempt to secure evidence sufficient for arrest and prosecution.

As part of the sting operation, the informant was set up in a hotel room at the Lake Charles Downtowner and his actions and conversations were monitored by Sheriff's deputies through surveillance, body wire transmissions and telephone recordings. Defendant and the informant agreed that the informant would supply defendant with approximately 50 pounds of marijuana and approximately 1 pound of cocaine. The contraband to be used in the operation was acquired by the Sheriff's Office. On August 18, 1989, the contraband was taken to the informant's hotel room and arrangements were made for defendant to bring a portion of the buy money to the hotel room and approve the contraband. That evening, defendant viewed and approved the narcotics intended for sale in the hotel room and then led the informant to his car in the parking lot and there he exhibited to the informant approximately $12,000.00 in cash which was a portion of the "buy money." The informant was next instructed by defendant to follow him to an unknown location where the transfer was to take place.

When the two vehicles driven by defendant and the informant attempted to leave the parking lot, they were stopped by the Sheriff's deputies. When defendant was asked to exit his vehicle, the officers observed a blue Crown Royal bag containing cash on the floor of his vehicle. The officers seized the bag of cash from defendant's vehicle and the narcotics which were located in the informant's vehicle. The defendant was placed under arrest at the scene and taken to the Sheriff's Office.

*1058 ASSIGNMENT OF ERROR NUMBER 1

Defendant contends in assignment of error number 1 that the trial court erred in denying his motion to suppress the evidence seized from his automobile on the night of August 18, 1989. Defendant claims that a blue Crown Royal bag containing monies was seized as a result of a warrantless search of his automobile and that the State can avail itself of no generally accepted exception to the warrant requirement because of the lack of exigent circumstances and, therefore, the evidence is inadmissible.

The Fourth Amendment of the United States Constitution and Article I, § 5 of the 1974 Louisiana Constitution protect a person's reasonable expectation of privacy even while that person is within his automobile. Both the federal and state constitutions prohibit unreasonable searches and seizures and a warrantless search and seizure is presumed to be unreasonable. State v. Thucos, 390 So.2d 1281 (La.1980). In order to justify a warrantless search, the State must show that the search falls within one of the narrowly drawn exceptions to the warrant requirement. State v. Barrett, 408 So.2d 903 (La.1981). In this case, the State cites the well established exceptions for property in plain view and vehicle searches in support of the search of defendant's car and the seizure of the evidence found therein.

A plain view inspection is deemed to be constitutionally permissible because it is not considered to be an actual search. The prerequisites for a legitimate plain view seizure are: (1) there is a prior justification for police intrusion into a protected area; (2) the evidence is discovered inadvertently; and (3) it is immediately apparent without close inspection that the items are evidence of contraband. Coolidge v. New Hampshire, 403 U.S. 443, 91 S.Ct. 2022, 29 L.Ed.2d 564 (1971); State v. Rodriguez, 396 So.2d 1312 (La.1981). We find that the three requirements for a valid plain view seizure were satisfied in this case.

The first requirement of a prior justification for intrusion is met because the officers involved had reasonable cause to stop the vehicle driven by defendant. La. C.Cr.P. Art. 215.1 provides that a law enforcement officer may stop a person in a public place whom he reasonably suspects is committing, has committed, or is about to commit an offense. Reasonable cause for a investigatory stop is something less than probable cause for an arrest. It requires the detaining officer to have articulable knowledge of particular facts sufficient to reasonably suspect the detained person of criminal activity. Terry v. Ohio, 392 U.S. 1, 88 S.Ct. 1868, 20 L.Ed.2d 889 (1968). Even if the initial stop of defendant was deemed an arrest, the requisite probable cause is satisfied by the facts on the record. Probable cause has been held to mean a fair probability that contraband or evidence of a crime will be found. Illinois v. Gates, 462 U.S. 213, 103 S.Ct. 2317, 76 L.Ed.2d 527 (1983).

The record reflects that the Sheriff's deputies learned of defendant's intentions to purchase narcotics through their informant.

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Bluebook (online)
594 So. 2d 1054, 1992 WL 25649, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-harmon-lactapp-1992.