State v. James

740 So. 2d 200, 1999 WL 486970
CourtLouisiana Court of Appeal
DecidedJune 25, 1999
Docket98 KA 2348
StatusPublished
Cited by3 cases

This text of 740 So. 2d 200 (State v. James) 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. James, 740 So. 2d 200, 1999 WL 486970 (La. Ct. App. 1999).

Opinion

740 So.2d 200 (1999)

STATE of Louisiana
v.
Paul A. JAMES

No. 98 KA 2348.

Court of Appeal of Louisiana, First Circuit.

June 25, 1999.

*201 Walter P. Reed, D. A., Covington, for State of Louisiana.

Dorothy Pendergast, Metairie, for State of Louisiana.

Jerry L. Fontenot, Covington, for Defendant-Appellant.

Before: CARTER, C.J., SHORTESS and WHIPPLE, JJ.

SHORTESS, J.

Paul A. James (defendant) was charged by bill of information with possession with the intent to distribute cocaine within 1,000 feet of property used for school purposes. La. R.S. 40:967 A(1) and 40:981.3. He pled not guilty. Defendant filed a motion to suppress the physical evidence. After a hearing, the trial court granted defendant's motion. The State filed a writ application in this court seeking review of the trial court's ruling on the motion to suppress. This court granted the writ and reversed the district court's ruling that had granted the motion to suppress. See State v. James, 97-2790 (La.App. 1st Cir.1/22/98). Defendant's application for writs to the Louisiana Supreme Court was denied. See State v. James, 98-0428 (La.3/27/98), 716 So.2d 893.

Subsequently, pursuant to a plea agreement, the State amended the charge to possession with intent to distribute cocaine, La. R.S. 40:967 A(1), and deleted that portion charging defendant with a violation of controlled dangerous substance law within 1,000 feet of property used for school purposes. Defendant withdrew his former plea and pled guilty, pursuant to State v. Crosby, 338 So.2d 584 (La.1976), reserving his right to appeal pre-trial rulings. The trial court sentenced defendant to ten years at hard labor.

Defendant filed his original brief with this court alleging two assignments of error. In his rebuttal brief, defendant withdrew his second assignment of error related to the ruling on his motion to quash. Defendant's sole remaining assignment of error relates to the denial of his motion to suppress the physical evidence.

FACTS

At the hearing on the motion to suppress, St. Tammany Parish Sheriff Deputy John Lapueble testified that around 10:45 a.m. on May 17, 1997, he was dispatched to the "In and Out" store in Slidell. The store's owner had called to complain that a man was selling narcotics in the parking lot. The owner also related a description of the man and his clothing. Lapueble, who was patrolling alone, was already familiar with the store from the numerous narcotics arrests he had made in the parking lot. Lapueble also testified he had made over 300 stops involving narcotics. On over 100 of those occasions he found crack cocaine or other drugs encased in film canisters; the containers he saw used most often were black film canisters, matchboxes, and plastic bags.

Lapueble further testified that when he arrived, he saw defendant, who fit the description given by the store's owner. He approached defendant and asked his purpose in the parking lot. Defendant responded he was allowing his "old dog [to] take a break under the tree towards the back side of the building." Lapueble became suspicious and conducted a "pat *202 down" of defendant for safety reasons. When he patted the left front pants pocket, Lapueble felt an object he believed was a film canister. He reached into the pocket and removed and shook the canister. As Lapueble was opening the film canister, defendant fled and was eventually apprehended. Cocaine, discovered inside the canister, was seized. At the hearing, parties stipulated that defendant did not have any photographic equipment in his possession.

In granting the motion to suppress, the trial court found Lapueble went beyond the scope of the Terry"stop and frisk" when he shook and opened the canister. Terry v. Ohio, 392 U.S. 1, 88 S.Ct. 1868, 20 L.Ed.2d 889 (1968). This court, in granting the State's application for supervisory writs, stated in pertinent part:

WRIT GRANTED.... As the district court determined, the officer had probable cause to believe the suspect had committed a crime and the item seized contained contraband. State v. Curtis, 96-1408 (La.App. 4th Cir.10/2/96); 681 So.2d 1287.

On remand, the trial court vacated its original ruling granting the motion to suppress.

In his assignment of error, defendant contends the denial of his motion to suppress physical evidence was erroneous. In his brief, defendant concedes the initial stop was valid but argues that the patdown and subsequent search of the film canister were not conducted for safety reasons and that the seized canister was not immediately apparent as contraband.

The State contends that because the issue was addressed in a ruling on a pre-trial writ application, the principle of "law of the case" precludes review of this issue on appeal. The "law of the case" doctrine embodies the rule that an appellate court ordinarily will not reconsider its own rulings of law in the same case. Day v. Campbell-Grosjean Roofing & Sheet Metal Corp., 260 La. 325, 330, 256 So.2d 105, 107 (1971); Sharkey v. Sterling Drug, Inc., 600 So.2d 701, 705 (La.App. 1st Cir.), writs denied, 605 So.2d 1099, 1100 (La. 1992). The policy applies against those who were parties to the case when the former appellate decision was rendered and who thus had their day in court. State v. Junior, 542 So.2d 23, 27 (La.App. 5th Cir.), writ denied, 546 So.2d 1212 (La. 1989). We note that in this matter, however, the former decision was rendered when we exercised our supervisory, not appellate, jurisdiction. Nevertheless, judicial efficiency demands that this court accord great deference to its pretrial decisions on admissibility, unless it is apparent, in light of the subsequent trial record, that the determination was patently erroneous and produced an unjust result. See State v. Humphrey, on rehearing, 412 So.2d 507, 523 (La.1981); State v. Wilkerson, 96-1965 p. 6 (La.App. 1st Cir.11/07/97), 704 So.2d 1, 5, writ denied, 97-3038 (La.4/3/98), 717 So.2d 646. For these reasons, we are not precluded from reviewing defendant's assigned error.

The Fourth Amendment to the United States Constitution and Article I, Section 5, of the Louisiana Constitution protect people against unreasonable searches and seizures. Subject only to a few well-established exceptions, a search or seizure conducted without a warrant issued upon probable cause is constitutionally prohibited. State v. McHugh, 92-1852, pp. 4-5 (La.1/6/94), 630 So.2d 1259, 1262. Once a defendant makes an initial showing that a warrantless search or seizure occurred, the burden of proof shifts to the State to affirmatively show it was justified under one of the narrow exceptions to the rule requiring a search warrant. La. C.Cr.P. art. 703(D).

The right of law enforcement officers to stop and interrogate one reasonably suspected of criminal conduct, however, is recognized by Louisiana Code of Criminal Procedure article 215.1, as well as both federal and state jurisprudence. Terry, 392 U.S. 1, 88 S.Ct. 1868, 20 *203 L.Ed.2d 889; State v. Ducre, 604 So.2d 702, 706 (La.App. 1st Cir.1992). Reasonable cause for an investigatory detention is something less than probable cause and must be determined under the facts of each case by whether the officer had sufficient knowledge of facts and circumstances to justify an infringement on the individual's right to be free from governmental interference.

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Related

State v. James
795 So. 2d 1146 (Supreme Court of Louisiana, 2000)
State v. Haynes
762 So. 2d 1247 (Louisiana Court of Appeal, 2000)
State v. Myers
756 So. 2d 343 (Louisiana Court of Appeal, 2000)

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Bluebook (online)
740 So. 2d 200, 1999 WL 486970, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-james-lactapp-1999.