State v. Knippers

535 So. 2d 403, 1988 La. App. LEXIS 1731, 1988 WL 85422
CourtLouisiana Court of Appeal
DecidedAugust 18, 1988
DocketNo. CR88-74
StatusPublished
Cited by1 cases

This text of 535 So. 2d 403 (State v. Knippers) 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. Knippers, 535 So. 2d 403, 1988 La. App. LEXIS 1731, 1988 WL 85422 (La. Ct. App. 1988).

Opinion

KING, Judge.

The issue presented by this appeal is whether or not the trial court committed reversible error in permitting introduction of certain evidence during the trial.

Lynn Knippers (hereinafter defendant) and his wife were driving their car at night on Interstate Highway 10 in Jefferson Davis Parish, Louisiana when deputies observed the car drive onto the shoulder of the highway, stop, and the lights go off. The deputies stopped their vehicle behind the defendant’s car and observed defendant exit his car and stagger. After defendant refused to complete a field sobriety test, he was arrested for DWI. In the process of the deputies’ search of defendant and his vehicle, contraband was discovered. Defendant filed a pre-trial motion to suppress the contraband and the motion was denied. Defendant was tried and convicted of possession of cocaine and sentenced to serve two years at hard labor. Defendant timely appeals, citing as assignments of error that (1) The trial court erred during the trial in allowing the State to introduce evidence that was seized from defendant’s automobile; and (2) the trial court erred during the trial in allowing the State to introduce evidence of marijuana in defendant’s automobile. We affirm.

FACTS

On January 18, 1987, defendant, Lynn Knippers, and his wife, Mary Knippers, left Garfields Lounge in Lake Charles, Louisiana and proceeded home to Welsh, Louisi[405]*405ana in Jefferson Davis Parish. As they proceeded home on Interstate Highway 10, defendant decided to drive off the highway, allegedly to “park” for a short time with his wife. Deputy Michael R. Conner and his partner, Reserve Deputy Randy Countryman, observed the defendant’s vehicle drive onto the shoulder of the road, stop, and its lights go off. The deputies thought there might be car trouble and that the occupants might need help, so they also drove off the highway and stopped behind the defendant’s vehicle. As the deputies’ vehicle pulled behind the defendant’s car, they saw two occupants in the car with the female passenger reaching into the back. The defendant exited the car and staggered back to the deputies’ vehicle. As Deputy Conner exited his vehicle and approached the defendant, he detected a strong odor of alcohol on defendant’s breath as defendant yelled at the deputies not to hurt his wife. Both deputies were surprised at defendant’s behavior as his wife was still in the passenger seat of the car. Deputy Conner asked the defendant for his driver’s license. The defendant stated that he did not have it with him and that his wife had also lost her drivers license. Deputy Conner asked the defendant to perform a field sobriety test, which defendant started and failed in part, and defendant refused to complete the remainder of the test. Deputy Conner placed defendant under arrest for DWI and placed him in the rear of the deputies’ vehicle.

After questioning Mary Knippers, Deputy Conner allowed defendant to leave the sheriff’s vehicle to urinate. As defendant attempted to reenter the deputies’ vehicle, Deputy Conner performed a pat down search of his person. Deputy Conner felt what he believed to be a knife in the defendant’s front right pocket and asked defendant to remove the item. Defendant complied and pulled out a Vicks sinus medicated inhaler and a dollar bill. Since the inhaler was not a weapon nor did it appear to be evidence, Conner allowed defendant to keep the items. Defendant and his wife were placed in the rear seat of the deputies’ vehicle with neither being hand cuffed. Deputies Conner and Countryman radioed the sheriff’s dispatch to get a wrecker for defendant’s car and then prepared the necessary papers for making an inventory search of the contents of defendant’s car.

In the process of inventorying the defendant’s car, Deputy Conner found a bag of green leafy substance under the passenger seat and a half-smoked, hand-rolled cigarette in the ashtray. The bag and the cigarette were placed in a paper bag on the front seat of the deputies’ vehicle. En-route to the sheriff’s office, Deputy Conner stopped at the scene of a traffic accident where both he and Deputy Countryman exited their vehicle. A few minutes later, they returned to their vehicle and resumed their route to the sheriff’s office. When they arrived, and after defendant had refused the intoxilizer test, the deputies discovered that the plastic bag with the leafy green substance was missing from the paper bag, and all that remained was the half-smoked, hand-rolled cigarette.

When the defendant was booked into jail for DWI he emptied his pockets. Among the contents was a small brown bottle containing white powder. The defendant did not have the Vicks inhaler that Deputy Conner had returned to him after the pat down search. This provoked a search of the rear seat area of the deputies’ vehicle. A folded dollar bill and the Vicks inhaler, which defendant previously had in his possession, were found under the rear seat cushions of the deputies’ vehicle. An empty plastic bag containing the residue of the leafy green substance was found outside the vehicle near the rear wheel.

The contents of the brown bottle and the Vicks inhaler were analyzed and proved to be cocaine. The hand-rolled cigarette and the residue of the plastic bag were analyzed and proved to be marijuana. During the trial, Mary Knippers testified she ate the marijuana while the deputies were out of their vehicle at the scene of the accident.

On April 13, 1987, defendant was charged by bill of information with possession of a controlled dangerous substance, Cocaine, in violation of LSA-R.S. 40:967(C). Defendant filed a motion to suppress claiming the search of his vehicle and the seizure [406]*406of certain items from his automobile were unconstitutional. On September 15, 1987, a hearing was held on the motion to suppress. After hearing the evidence, the court found that Deputy Conner had probable cause to arrest the defendant and denied the motion to suppress. After a trial on the merits, the defendant was convicted by a jury for the crime of possession of cocaine. He was sentenced to two years at hard labor, with credit for time served.

ASSIGNMENT OF ERROR NUMBER 1

Defendant contends that evidence seized from him was improperly admitted during his trial.

It is well settled that persons are protected from unreasonable searches and seizures by both the Fourth Amendment of the United States Constitution and Article 1 § 5 of the Louisiana Constitution of 1974. Both safeguards prohibit unreasonable searches and/or seizures of personal property, unless a warrant has been issued based upon probable cause. The United States Supreme Court has delineated several exceptions to the search warrant requirement; two of which are applicable here: the vehicle inventory search and the search incident to a lawful arrest. Schneckloth v. Bustamonte, 412 U.S. 218, 93 S.Ct. 2041, 36 L.Ed.2d 854 (1973).

An inventory search without a warrant applies only when the driver of a vehicle is arrested and there is no other occupant available to drive the vehicle from the scene. It is the duty of the arresting officer to secure the arrestee’s property from theft, damage, or in the interest of public safety. The arresting officer is obligated to take an inventory of items found within the vehicle to perform this task. State v. Killcrease, 379 So.2d 737 (La.1980); State v. LaRue, 368 So.2d 1048 (La.1979).

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Bluebook (online)
535 So. 2d 403, 1988 La. App. LEXIS 1731, 1988 WL 85422, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-knippers-lactapp-1988.