State v. Leatherwood

411 So. 2d 29
CourtSupreme Court of Louisiana
DecidedMarch 1, 1982
Docket81-KA-1450, 81-KA-1451
StatusPublished
Cited by24 cases

This text of 411 So. 2d 29 (State v. Leatherwood) is published on Counsel Stack Legal Research, covering Supreme Court of Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Leatherwood, 411 So. 2d 29 (La. 1982).

Opinion

411 So.2d 29 (1982)

STATE of Louisiana
v.
Michael D. LEATHERWOOD.

Nos. 81-KA-1450, 81-KA-1451.

Supreme Court of Louisiana.

March 1, 1982.

*31 William J. Guste, Jr., Atty. Gen., Barbara Rutledge, Asst. Atty. Gen., William C. Pegues, III, Dist. Atty., David W. Burton, Asst. Dist. Atty., for plaintiff-appellee.

C. Allen Bradley, Jr., of Evans, Bradley & Wallace, DeRidder, for defendant-appellant.

PRICE, Justice Ad Hoc.[*]

By separate bills of information, defendant, Michael Dale Leatherwood, was charged with two counts of armed robbery in violation of La.R.S. 14:64. After trial by jury on the first count, defendant was found guilty of simple robbery, a responsive verdict (case No. 81-KA-1450). A separate trial by jury was held on the second count and defendant was found guilty as charged (case No. 81-KA-1451). Thereafter, defendant was sentenced to serve seven years at hard labor for the simple robbery conviction and fifteen years at hard labor without benefit of parole, probation, or suspension of sentence on the armed robbery conviction. Both sentences are to run concurrently. Defendant appeals these convictions and relies upon three assignments of error, two of which are common to both cases.

The record reflects that on August 24, 1980, defendant and three companions were involved in the armed robbery of D. N. Patel, a desk clerk at the Dormez Inn in Deridder, Louisiana. Later, on August 25, 1980, defendant and two companions robbed Mary E. McDaniels, a cashier at Bill's Dollar Store In Merryville, Louisiana. Both offenses occurred in Beauregard Parish.

ASSIGNMENT OF ERROR NO. 1

By this assignment of error, defendant argues the trial court erred in failing to grant defense motions to suppress certain written inculpatory statements made by defendant. Defendant contends the inculpatory statements were the product of an unlawful arrest made without probable cause. Furthermore, defendant contends that as a result of certain personality defects, he did not fully comprehend the nature of the waiver of his rights against self-incrimination.

The evidence elicited from the joint hearing on the motions to suppress establishes the following facts. On the date of his arrest, defendant was a member of the military stationed at Fort Polk in Vernon Parish, Louisiana. While investigating an armed robbery, Deputy Larry Smith of the Vernon Parish Sheriff's Department received information from James Kellison, a soldier stationed at Fort Polk, concerning the commission of certain crimes outside of Vernon Parish. Specifically, Kellison informed Deputy Smith that defendant and other soldiers stationed at Fort Polk had *32 told him of their involvement in various armed robberies in Beauregard Parish. Kellison also stated that these soldiers had been involved in the armed robbery and murder of a cab driver in Jackson, Mississippi on Saturday, August 23, 1980.

After receiving this information, Deputy Smith contacted the Jackson Police Department and verified that a cab driver had been robbed and murdered in that city on August 23.

Based on this information, on August 29, 1980, Deputy Smith contacted Fort Polk and requested that defendant be detained. At approximately 11:00 a. m. defendant was placed in detention by military authorities. While in detention, defendant was not questioned, nor was he advised why he was being held.

Meanwhile, the Beauregard Parish Sheriff's Department was conducting an investigation into the robbery at Bill's Dollar Store in Merryville. Based on information gathered from this investigation, arrest warrants were issued for defendant on charges of armed robbery and aggravated kidnapping.

Deputy Smith was notified of the issuance of these warrants at approximately 3:00 p. m. Copies of the warrants were obtained and at approximately 3:30 p.m., defendant was released from military detention and placed under arrest by Vernon Parish deputies. Defendant was immediately apprised of the charges against him and was advised of his rights. While traveling to the Vernon Parish Sheriff's office, defendant was once again advised of his rights.

Defendant was not questioned until approximately 5:15 p. m., after his arrival at the sheriff's office. Prior to questioning, defendant was advised of his rights and was presented with a printed rights form which he signed, indicating that he understood his constitutional rights. After signing the waiver portion of the rights form, defendant confessed his involvement in the Dollar Store robbery.

At the conclusion of questioning, defendant was transported to Beauregard Parish for incarceration. On August 30, 1980, at approximately 11:30 a. m., defendant was again advised of his rights and again signed a waiver form. At this time, defendant confessed to the armed robbery at the Dormez Inn.

Defendant now contends that he was under arrest from the moment of his initial detention by the military authorities. This arrest, he contends, was without probable cause, therefore, the confessions should be suppressed as the product of an unlawful arrest.

A lawful arrest, whether warrantless or pursuant to an arrest warrant, must be based upon probable cause. State v. Herbert, 351 So.2d 434 (La.1977); State v. Ranker, 343 So.2d 189 (La.1977).

Probable cause exists when the facts and circumstances within the arresting officer's knowledge and of which he has reasonable and trustworthy information are sufficient to justify a man of average caution in the belief that the person to be arrested has committed or is committing an offense. State v. Thomas, 349 So.2d 270 (La.1977); State v. Ranker, supra.

A confession which is obtained as the direct result of an arrest made without probable cause should be suppressed. Wong Sun v. United States, 371 U.S. 471, 83 S.Ct. 407, 9 L.Ed.2d 441 (1963). If the defendant challenges the admissibility of a confession on the ground that it was the result of an unlawful arrest without probable cause, the burden of showing admissibility is on the prosecution. Brown v. Illinois, 422 U.S. 590, 95 S.Ct. 2254, 45 L.Ed.2d 416 (1975); State v. Edwards, 406 So.2d 1331 (La.1981); State v. Scott, 355 So.2d 231 (La.1977). The prosecution must establish that probable cause existed to arrest the defendant, or, if the arrest was unlawful, the prosecution must show the connection between the arrest and the subsequent confession was so attenuated that the confession could not properly be considered as a fruit of the illegal arrest. Wong Sun v. United States, supra; State v. Scott, supra.

*33 Assuming that defendant was under arrest since his initial detention, we find Deputy Smith possessed sufficient information to establish probable cause for a warrantless arrest. Deputy Smith testified the detention of defendant by military authorities was accomplished at his request. His action was based upon information received from James Kellison. Kellison claimed to be present when defendant and his companions admitted their involvement in several crimes, including the robbery and murder of a cab driver in Jackson, Mississippi, on August 23, 1980. By contacting the Jackson Police Department, Deputy Smith was able to establish that a cab driver had been robbed and murdered in Jackson on August 23.

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Bluebook (online)
411 So. 2d 29, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-leatherwood-la-1982.