State v. Landry

588 So. 2d 345, 1991 WL 215015
Supreme Court of Louisiana·Decided October 21, 1991·No. 91-K-0162·Published·Cited by 61 cases

Opinion

588 So.2d 345 (1991)

STATE of Louisiana
v.
Wayne LANDRY.

No. 91-K-0162.

Supreme Court of Louisiana.

October 21, 1991.
Rehearing Denied November 21, 1991.

William J. Guste, Jr., Atty. Gen., Harry F. Connick, Dist. Atty., Charmagne Padua, Asst. Dist. Atty., for applicant.

Darryl A. Derbigny, New Orleans, for respondent.

LEMMON, Justice.

The principal issue in this case involves the suppression of evidence seized in a search of defendant's person incidental to an arrest after a routine traffic violation stop of the automobile in which defendant was a passenger.

I.

Defendant was a passenger in an automobile traveling in a New Orleans residential neighborhood at 1:00 a.m. when two police officers stopped the driver for exceeding the speed limit. The officers ordered both of the occupants out of the car as a normal safety procedure under the circumstances. While one officer checked the driver's license of the driver and his proof of ownership of the vehicle, the other officer asked defendant for identification, and defendant produced his driver's license. The officer then ran a computer check for warrants in defendant's name and determined that there was an outstanding attachment. Following routine police procedures, the officer arrested defendant on the basis of the attachment.

Pursuant to the full custody arrest, the officer searched defendant and discovered cocaine on defendant's person. United States v. Robinson, 414 U.S. 218, 94 S.Ct. 467, 38 L.Ed.2d 427 (1973); compare State v. Breaux, 329 So.2d 696 (La.1986). The officer then arrested defendant for possession of cocaine.

Prior to trial defendant moved to suppress the evidence discovered during the search of his person on the basis that the officer had no justification for ordering a *346 passenger from the car stopped for a routine traffic violation. The trial judge denied the motion, noting that the officer would have been unwise to leave anyone in the car when he ordered the driver to get out. Defendant then entered a conditional guilty plea, reserving his right to appeal on the suppression issue.

The court of appeal, in an unpublished opinion by a divided panel, reversed the conviction and suppressed the evidence. 571 So.2d 914. Relying on State v. Williams, 366 So.2d 1369 (La.1978), the court held that the officer's ordering the passenger out of the car was an illegal seizure of his person. The court noted that the Williams decision had refused to extend to a passenger in an automobile the rationale of Pennsylvania v. Mimms, 434 U.S. 106, 98 S.Ct. 330, 54 L.Ed.2d 331 (1977), that a police officer may be justified for safety reasons in ordering a driver from the vehicle which has been stopped for a routine traffic violation.

We granted certiorari to consider the applicability and continued viability of the Williams decision. 577 So.2d 4.

II.

In Pennsylvania v. Mimms, 434 U.S. 106, 98 S.Ct. 330, 54 L.Ed.2d 331 (1977), two officers stopped the defendant's vehicle to issue a traffic summons for driving with an expired license plate. One officer asked the defendant (the driver and only occupant) to step out of the automobile. As the defendant alighted from the vehicle, the officer noticed a bulge under the defendant's jacket. Suspecting that the bulge might be a weapon, the officer frisked the defendant and discovered that the bulge was indeed a loaded revolver.

Reversing the state court's decision that the officer's ordering the defendant out of the car was an impermissible seizure of the person, the Court held that "once a motor vehicle has been lawfully detained for a traffic violation, the police officers may order the driver to get out of the vehicle without violating the Fourth Amendment's proscription of unreasonable searches and seizures." Id. at 111 n. 6, 98 S.Ct. at 333 n. 6. The Court observed that the inquiry in any Fourth Amendment analysis is whether the search or seizure was reasonable under all of the circumstances, stating that the determination of reasonableness requires a balancing of the public interest and the individual's right to be free from arbitrary governmental interference.

Addressing the public interest, the Court determined that the officer's ordering the traffic violator out of his car in order to establish a face-to-face observation diminished the substantial possibility that the driver may make unobserved movements and reduced the likelihood of an attack on the officer. Then turning to the defendant's privacy interest, the Court reasoned that because the driver of the vehicle had been lawfully detained, the officer's ordering the driver out of the car was an incremental intrusion into the driver's personal liberty which "can only be described as `de minimis.'" Id. at 111, 98 S.Ct. at 333. The Court concluded that this de minimis intrusion could not prevail over the justified concern for the officer's safety under the circumstances.

In State v. Williams, 366 So.2d 1369 (La.1978), police officers stopped a vehicle which had no tail lights and ordered the two occupants out of the vehicle. As Willis, the passenger, was exiting from the car, the officer noticed a sawed-off shotgun between the front seat and the passenger side door. The officers immediately arrested both occupants for possession of the illegal weapon.

The majority at the outset questioned whether an officer who makes a routine traffic stop is placed in serious danger and whether the officer's ordering the occupants out of the car significantly enhances the officer's safety. Focusing on the case before the court, the majority distinguished the nature of the intrusion into the driver's privacy from the intrusion into the passenger's privacy. According to the majority, while the officer's ordering the driver out of the car after legally detaining him because of the traffic violation may have been only an incremental intrusion into his privacy, there was no justification to detain the passenger (who had not committed a traffic offense), and ordering him out of *347 the car was not incremental to legal detention, but was independent of any justified intrusion into the passenger's privacy. Concluding that the intrusion was greater for the passenger and that the concern for the officer's safety did not outweigh the passenger's individual privacy interests, the majority held that the Mimms rationale does not extend to passengers in an automobile stopped for a traffic violation.

In the present case we decline to adhere to the view of the Williams majority that stops for traffic violations necessarily involve less danger to police officers than other types of confrontations. See United States v. Robinson, 414 U.S. 218, 234, 94 S.Ct. 467, 476, 38 L.Ed.2d 427 (1973). A police officer's stopping a vehicle for a routine traffic violation sets up the possibility of a significant confrontational situation. The motorist may be driving a stolen vehicle, may be transporting contraband, may be in possession of illegal weapons, or may be involved in other criminal activity. The likelihood of danger may also be greater during darkness and in early morning hours, or when there are a number of occupants. A police officer who stops a vehicle

Free access — add to your briefcase to read the full text and ask questions with AI

State v. Landry, 588 So. 2d 345, 1991 WL 215015 (La. 1991).

588 So. 2d 345 (State v. Landry) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

State of Louisiana Versus Jeremy Simmons
Louisiana Court of Appeal, 2022
James Henry Perozzo v. State of Alaska
493 P.3d 233 (Court of Appeals of Alaska, 2021)
State v. Robinson
260 So. 3d 717 (Louisiana Court of Appeal, 2018)
State v. Castor
194 So. 3d 668 (Louisiana Court of Appeal, 2016)
State v. Lewis
187 So. 3d 24 (Louisiana Court of Appeal, 2016)
Floyd v. City of Carencro
149 So. 3d 387 (Louisiana Court of Appeal, 2014)
State v. Butler
142 So. 3d 306 (Louisiana Court of Appeal, 2014)
State v. Duhe
130 So. 3d 880 (Supreme Court of Louisiana, 2013)
State v. Lockett
120 So. 3d 886 (Louisiana Court of Appeal, 2013)
State v. Jones
91 So. 3d 480 (Louisiana Court of Appeal, 2012)
State v. Fortune
72 So. 3d 1000 (Louisiana Court of Appeal, 2011)
State v. Heard
70 So. 3d 811 (Louisiana Court of Appeal, 2011)
State v. Cooper
55 So. 3d 873 (Louisiana Court of Appeal, 2010)
State v. Brown
30 So. 3d 907 (Louisiana Court of Appeal, 2009)
State v. Coleman
20 So. 3d 1163 (Louisiana Court of Appeal, 2009)
State v. O'NEAL
7 So. 3d 182 (Louisiana Court of Appeal, 2009)
State v. Stoutes
980 So. 2d 230 (Louisiana Court of Appeal, 2008)
State v. Cox
963 So. 2d 1080 (Louisiana Court of Appeal, 2007)
State v. Thigpen
963 So. 2d 478 (Louisiana Court of Appeal, 2007)
State v. Guillory
942 So. 2d 73 (Louisiana Court of Appeal, 2006)