State v. Jones

835 So. 2d 703, 2002 WL 31664763
Louisiana Court of Appeal·Decided November 8, 2002·No. 2001 KA 0908·Published·Cited by 18 cases

Opinion

835 So.2d 703 (2002)

STATE of Louisiana
v.
Louis JONES.

No. 2001 KA 0908.

Court of Appeal of Louisiana, First Circuit.

November 8, 2002.

*705 Walter Reed, District Attorney, Covington, By Dorothy Pendergast, Attorney for the State, Metairie, Counsel for Plaintiff/Appellee State of Louisiana.

Frederick Kroenke, Baton Rouge, Counsel for Defendant/Appellant Louis Jones.

Before: KUHN, DOWNING and GAIDRY, JJ.

GAIDRY, J.

The defendant, Louis Jones, was charged by bill of information with possession of cocaine, in violation of LSA-R.S. 40:967(C). The defendant initially pled not guilty. After a hearing, the defendant's motion to suppress evidence was denied. The defendant later withdrew his not guilty plea and entered a plea of guilty under State v. Crosby, 338 So.2d 584 (La. 1976). The defendant stipulated to a multiple offender bill of information and was adjudicated a second felony offender. The defendant was sentenced to seven (7) years imprisonment at hard labor to be served without the benefit of probation or suspension of sentence. He now appeals, urging as his sole assignment of error that the trial court erred in denying his motion to suppress. For the following reasons, we affirm.

FACTS

On the night of April 30, 2001, Agent Denise Smith of the Louisiana State Probation and Parole Department noticed the defendant and another black male coming out of the back door of Gloria's Lounge in Slidell, Louisiana. According to Smith, the defendant and the other male completed a hand-to-hand exchange, while walking very close together. Smith was accompanied by Agent Mike Phelps and Agent Robert Hall. Smith informed Phelps of her observations and of the fact that she recognized the defendant as being under the supervision of the probation and parole office.

Smith exited her vehicle and approached the defendant and the other male as they were walking. Smith inquired, "Hey, dude, what's your name?" The defendant kept walking and ignored Smith's inquiry. Smith then stated, "Hey, dude, I asked you what your name was." Phelps approached the other male who was walking with the defendant and began talking to him. Smith continued to follow the defendant. The defendant eventually replied by telling Smith that his name was John Smith and continued to walk away. Agent Smith did not believe that the defendant's name was John Smith and she stated, "Hey, dude, wait a minute, I want to talk to you." The defendant then began to walk at a faster pace in a sideways direction away from the agent. Smith then stated, "Hey, dude, you don't want to run, I just want to ask you something." The defendant then started to run away from Smith.

Smith ran after the defendant and, according to her testimony, was able to keep up with the defendant because he kept putting his hands in and out of his pants *706 pockets. When they ran into a lighted area, Smith saw the defendant drop some shiny items out of his pocket. At this point, Hall was coming up behind Smith, who continued to run after the defendant. The defendant jumped over a ditch, and Smith attempted to jump over the same ditch. She, however, landed in the middle of the mud-filled ditch. Smith cursed as she fell into the ditch and the defendant, as he turned around to look at her, collided with a tree.

At that point, Smith pulled out her weapon and the other agents helped her out of the ditch and helped her place the defendant in handcuffs. The agents went back to the lighted area where Smith saw the defendant drop some shiny items out of his pocket. Smith recovered a small tinfoil packet containing a rock-like substance suspected to be crack-cocaine. The defendant was arrested and ultimately pled guilty to possession of cocaine.

ASSIGNMENT OF ERROR NUMBER ONE

In his sole assignment of error, the defendant contends that the trial court erred in denying his motion to suppress the evidence. The defendant argues that Agent Smith did not have the authority to stop him because the facts did not provide probable cause to believe that a crime was being committed. He submits that, under the circumstances, it was reasonable to believe that the hand-to-hand exchange consisted of non-criminal activity. He further states that there is no evidence of reasonable suspicion, reasonable cause, or an emergency situation that would justify Smith's actions.

The Fourth Amendment to the United States Constitution and Article I, section 5 of the Louisiana Constitution protect persons against unreasonable searches and seizures. A defendant adversely affected may move to suppress any evidence from use at the trial on the merits on the ground that it was unconstitutionally obtained. La.Code Crim. Proc. art. 703(A). A trial court's ruling on a motion to suppress the evidence is entitled to great weight, because the district court had the opportunity to observe the witnesses and weigh the credibility of their testimony. State v. Mims, 98-2572, p. 3 (La.App. 4th Cir.9/22/99), 752 So.2d 192, 193-94.

Parole officers are granted powers of arrest and detention of parolees under LSA-R.S. 15:574.8 (as amended by 2001 La. Acts No. 608, § 1) as follows:

A. Incidental to the supervision of parolees, parole officers shall be deemed to be peace officers and shall have the same powers with respect to criminal matters and the enforcement of the law relating thereto as sheriffs, constables and police officers have in their respective jurisdictions. They have all the immunities and matters of defense now available or hereafter made available to sheriffs, constables and police officers in any suit brought against them in consequence of acts done in the course of their employment.
B. If a parole officer has reasonable cause to believe that a parolee has violated or is attempting to violate a condition of his parole and that an emergency exists, so that awaiting action by the board under R.S. 15:574.7 would create an undue risk to the public or to the parolee, such parole officer may arrest the parolee without a warrant or may authorize any peace officer to do so. The authorization may be in writing or oral, but if not written, shall be subsequently confirmed by a written statement. The written authorization or subsequent confirmation shall set forth that, in the judgment of the parole officer, the person to be arrested has violated or *707 was attempting to violate a condition of his parole. The parolee arrested hereunder, if detained, shall be held in a local jail, state prison, or other detention facility, pending action by the board. Immediately after such arrest and detention, the parole officer concerned shall notify the chief probation and parole officer and submit a written report of the reason for the arrest. After consideration of the written report, the chief probation and parole officer shall, with all practicable speed, make a preliminary determination, and shall either order the parolee's release from detention or proceed promptly in accordance with R.S. 15:574.7.

See also La.Code Crim. Proc. art. 899(B). Parolees and probationers have a reduced expectation of privacy and do not have the same freedom from governmental intrusion into their affairs as does the ordinary citizen. See State v. Malone, 403 So.2d 1234, 1238-39 (La.1981).

Reasonable cause for detention has been s

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