State v. Joyner

445 So. 2d 179, 1984 La. App. LEXIS 8018
CourtLouisiana Court of Appeal
DecidedFebruary 1, 1984
DocketNo. CR83-739
StatusPublished
Cited by4 cases

This text of 445 So. 2d 179 (State v. Joyner) 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. Joyner, 445 So. 2d 179, 1984 La. App. LEXIS 8018 (La. Ct. App. 1984).

Opinion

CUTRER, Judge.

The defendant, Patrick Joyner, was convicted by a jury of illegal possession of cocaine in violation of LSA-R.S. 40:967(C)(2). He was subsequently sentenced to serve three years at hard labor at the Louisiana Department of Corrections; credit was given for time served in jail by the defendant pending his trial. Additionally, the defendant was sentenced to the payment of a $2,500.00 fine plus court costs or, in default of payment thereof, to an additional imprisonment term of one year.

Prior to defendant’s trial, he filed a motion to suppress the cocaine seized by the sheriff’s deputies without a warrant.1 This motion was denied by the trial judge who found that the seizure was the result of a valid “inventory search” by the officers. Defendant appeals his conviction, raising as his sole assignment of error the trial judge’s denial of his motion to suppress the incriminating contraband.

The only question raised by this appeal is whether a valid inventory search occurred. For the reasons to follow, we answer this question affirmatively.

FACTS

At approximately 10:30 P.M., on November 1, 1982, the defendant was stopped and ticketed for speeding on U.S. Highway 171 in Beauregard Parish. The issuing officer, Deputy Mickey Cooley, had clocked (by the use of radar) the defendant’s vehicle at 89 miles per hour in a 55 miles per hour zone. However, upon hearing the defendant’s excuse that he was hurrying home to Texas to be with his wife who was experiencing health problems with her pregnancy, the deputy wrote the ticket to indicate that the defendant had been traveling only 80 miles per hour. Since individuals ticketed in Beauregard Parish, for traveling 85 miles per hour or faster, are required to be incarcerated until the posting of sufficient bond, Deputy Cooley’s lenience allowed the defendant to continue his journey.

Shortly after the initial ticketing, the defendant was once again stopped by a Beauregard Parish Sheriff’s Deputy, Glen Mears, who also radar-timed defendant’s speed as being 89 miles per hour. At this time the defendant was arrested. The vehicle he had been driving was a rental car from Texas, and the defendant was the sole occupant. Fearing that the car’s location would have resulted in it “being stolen or damaged or hit by another car going southbound on that highway,” Deputy Mears summoned a wrecker to tow the vehicle to the sheriff’s station.

When Deputy Cooley, the first issuing deputy, learned that the defendant had again been ticketed for speeding, he re-issued the original ticket at the speed actually timed earlier by him — 89 miles per hour. This action was taken at the sheriff’s office, where Deputy Cooley had heard of defendant’s arrest. Defendant’s bond for the two speeding violations was set at $300.00, and he had enough cash on his person to pay that amount, but he did not have the amount necessary to pay both his bond and the wrecker’s towing fee. Disregarding the deputies’ repeated advice to pay the wrecker’s towing fee so that his car would not have to be towed to a storage area, the defendant refused to pay the fee, thereby electing to leave his car in the tower’s custody. The defendant told the wrecker’s driver that he would pick up the car in a day or two.

The driver of the wrecker, Mr. Henry Cooley, then requested Deputies Mears and Cooley to inventory the car’s contents. Mr. Cooley testified that this was a standard procedure used to protect the car’s con[182]*182tents and to protect him against fraudulent claims by owners alleging losses of nonexistent items.

During the inventory an opened bank bag was located lying on the rear floorboard partially under the driver’s seat.2 The bag contained a large amount of cash (in excess of $2,500.00), a small notebook and numerous, small plastic packets wrapped in a paper towel. The packets contained a white powdery substance which was later determined to consist of cocaine.

ASSIGNMENT OF ERROR

Defendant assigns as error the trial judge’s denial of the motion to suppress the cocaine. The latter held that the actions of the deputies in conducting the inventory “were entirely reasonable and proper.” We agree.

As the search and seizure of the defendant’s rented car were conducted without a warrant, the State must shoulder the burden of affirmatively proving that they were justified under a recognized exception to the warrant requirements of the Fourth Amendment and LSA-Const. Art. I, § 5 (1974). State v. Sims, 426 So.2d 148 (La.1983); State v. Jernigan, 390 So.2d 1306 (La.1980). The trial judge found that a valid inventory search occurred, and this has been recognized to be an exception to the warrant requirement. South Dakota v. Opperman, 428 U.S. 364, 96 S.Ct. 3092, 49 L.Ed.2d 1000 (1976); State v. Jewell, 338 So.2d 633 (La.1976).

In establishing its burden of proof that the actions of its officers constituted a valid inventory search, “the state must prove that the impoundment of the defendant’s vehicle was necessary and that the inventory of the vehicle’s contents was necessary and reasonable in its scope.” State v. Sims, supra, at 153, citing State v. Crosby, 403 So.2d 1217 (La.1981), and State v. Jewell, supra. To ensure that the inventory search is not merely a subterfuge to circumvent the warrant requirements of the federal and state constitutions, the courts have ascertained several factors to be significant in determining whether a genuine inventory search occurred. Those factors are whether:

“(1) the vehicle could not have remained safely at or near the place it was stopped; (2) the search was not conducted in the field; (3) the tow truck was called before the search commenced; (4) formal impoundment procedures were followed; (5) the vehicle operator was asked if he consented to a search, if the car contained valuables, or if he would consent to the agency’s failure to afford him the protection of an inventory search; [and] (6) arrangements were made for someone designated by the operator to take possession or protective custody of the vehicle for him_” State v. Sims, supra.

The factors aforementioned, when applied to the case before us, amply indicate that the deputies conducted a valid inventory search of defendant’s vehicle. When the defendant was arrested for speeding on Highway 171, the hour was late (nearly midnight), and the unattended vehicle’s location on the road’s shoulder posed a potential traffic hazard. The arresting deputy was aware that the car was rented from Texas, and he feared the additional danger of vandalism. The defendant was from Texas, as indicated by his Texas license, and there is no evidence that he informed Deputy Mears of anyone within a reasonable distance, or otherwise, who could care for his car.

The call for a wrecker to tow the car to the Sheriff’s Department in DeRidder was, therefore, both necessary and reasonable under the attendant circumstances. The record reflects that Deputy Mears was following routine procedures in arresting the defendant and impounding his vehicle. No attempt was made by either deputy to search the defendant’s vehicle while it was on the highway. Indeed, Deputy Cooley had earlier allowed the defendant to proceed with his journey, although he could [183]*183have easily arrested him for the first speeding violation.

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Related

State v. Laviolette
576 So. 2d 1000 (Louisiana Court of Appeal, 1991)
State v. Jackson
548 So. 2d 945 (Louisiana Court of Appeal, 1989)
State v. Knippers
535 So. 2d 403 (Louisiana Court of Appeal, 1988)
State v. Joyner
447 So. 2d 1068 (Supreme Court of Louisiana, 1984)

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Bluebook (online)
445 So. 2d 179, 1984 La. App. LEXIS 8018, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-joyner-lactapp-1984.