State v. Lewis

121 So. 3d 128, 12 La.App. 5 Cir. 902, 2013 WL 3214426, 2013 La. App. LEXIS 1315
Louisiana Court of Appeal·Decided June 27, 2013·No. No. 12-KA-902·Published·Cited by 20 cases

Opinion

JOHN J. MOLAISON, JR., Judge.

[ 2Pefendant, Arthur C. Lewis, appeals his conviction of possession of cocaine. For the reasons that follow, we affirm.

FACTS AND PROCEDURAL HISTORY

On April 23, 2012, Corporal Joseph Amadeo and Sergeant Roy Jacob of the Causeway Police Department stopped defendant, Arthur C. Lewis, after observing him commit numerous traffic violations. The officers attempted to handcuff defendant for safety reasons in order to question him; however, he physically and verbally resisted them and was arrested. A search of defendant’s person yielded a small clear plastic cellophane bag containing crack cocaine.

On May 11, 2012, the Jefferson Parish District Attorney filed a bill of information charging defendant with possession of cocaine in violation of LSA-R.S. 40:967C. Defendant was arraigned on June 14, 2012, and pled not guilty. On August 20, 2012, his motion to suppress evidence was denied. Also on that date, 13defendant proceeded to trial, and a six-person jury found him guilty as charged.1 On August 24, 2012, defendant was sentenced to five years imprisonment at hard labor.2 Also on that date, defendant filed a timely motion for appeal that was granted.3

[133] Immediately after sentencing, the State filed a multiple offender bill of information in open court alleging that defendant was a second felony offender, and defendant denied those allegations. On October 25, 2012, defendant stipulated that he was a second felony offender. The trial judge then sentenced him under the multiple bill statute to eight years imprisonment at hard labor without the benefit of probation or suspension of sentence.

LAW AND DISCUSSION

Defendant’s sole assignment of error on appeal is that the trial judge erred in denying his motion to suppress the evidence. He contends that he was illegally arrested when the police stopped him for a traffic violation and immediately handcuffed him. Defendant asserts that at this point the stop clearly exceeded its constitutional boundaries. He argues that because of the illegal arrest, the subsequent search incident to the arrest was illegal and the evidence retrieved was fruit of the poisonous tree and should be suppressed. Defendant further argues that there was no justification for going into his pocket if he was merely detained. He concludes that because the officers had no legal justification for detaining him, the evidence retrieved as a result should have been suppressed and, therefore, the ruling of the trial judge should be reversed and the conviction overturned.

I/The State responds that the seizure of evidence was lawful on the grounds that the law enforcement officers had the authority to arrest defendant for the traffic violations. Further, it contends that even if this were not the case, after defendant was properly stopped for traffic violations, the police were authorized to conduct a safety frisk on defendant and when defendant resisted, the officers had probable cause for defendant’s arrest. The State adds that the situation would have also warranted a search for a dangerous weapon, and that the use of handcuffs would not have been constitutionally impermissible in this case. It concludes that the trial judge properly denied defendant’s motion to suppress the evidence.

On August 20, 2012, a suppression hearing was held in this matter, and Corporal Joseph Amadeo4 of the Causeway Police Department was the sole witness. Corporal Amadeo testified that on April 23, 2012, at approximately 7:45 p.m., he was in the area of the west traffic circle of the Huey P. Long Bridge at Bridge City Avenue and Highway 90, speaking to his sergeant, when he and his sergeant observed a small motorcycle committing numerous traffic violations. He explained that the motorcycle did not appear to be “street legal,” and it had no headlights or taillights. Corporal Amadeo noticed the motorcycle was going the wrong way on a one-way street, was crossing the median, and was driving in an area that was a construction zone and was closed to traffic. The motorcycle passed again, committing the same violations, but then disappeared out of their sight. It was agreed that if the motorcycle returned to the area, they would make a stop to learn the individual’s intentions.

The motorcycle was observed again coming down Highway 90, traveling the wrong way, going across the median, and into a construction zone. Based on those observations, a traffic stop was initiated at the 1100 block of Highway 90. The | .^officers exited their police car and told defendant to stop and exit his bike, and defendant complied with those demands. Defendant was wearing a full hooded garment, like a sweatshirt, and a “full face mask.” He was told that he was not under arrest, but would be interviewed regarding [134] his intentions. The officers attempted to place handcuffs on defendant at that point, and defendant began physically resisting those attempts. At some point, the officers handcuffed defendant. They put defendant on the hood of the police car to check for weapons or other possible items, but shortly thereafter, defendant resisted again; so, the search was stopped and continued later on.

Defendant verbally resisted the officers as well. He was screaming and yelling that he knew his rights, he was not going to jail, and he was not getting into the police car. A fairly large crowd of spectators started gathering near the area. The officers tried to put defendant into the police car; however, defendant physically resisted them using his elbows, legs, and shoulders. The officers had the rear door of the police car open, but defendant kicked it closed at least twice, saying he was not getting into the car. Defendant was brought to the ground for his safety because of his continued resistance. Eventually, Corporal Amadeo placed defendant under arrest and conducted a search incident to the arrest. After checking defendant’s pockets, Corporal Amadeo found a pack of cigarettes, a cigarette lighter, a cell phone, and a small clear packet of “what turned out to be drugs.”

On cross-examination at the suppression hearing, Corporal Amadeo explained that defendant was handcuffed for officer safety and for defendant’s own safety, noting that this was a known high crime area and that defendant was | (¡dressed in a full hood and a “full face mask.”5 He further explained that defendant’s hands were in his pockets prior to when he was handcuffed. Additionally, Corporal Amadeo testified that they searched defendant for weapons and additional contraband before putting him into the police car.

After hearing the testimony, the trial judge denied defendant’s motion to suppress the evidence.

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State v. Lewis, 121 So. 3d 128, 12 La.App. 5 Cir. 902, 2013 WL 3214426, 2013 La. App. LEXIS 1315 (La. Ct. App. 2013).

121 So. 3d 128 (State v. Lewis) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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