State v. Malveaux

852 So. 2d 463, 2003 WL 21277110
CourtLouisiana Court of Appeal
DecidedJune 4, 2003
Docket03-276
StatusPublished
Cited by1 cases

This text of 852 So. 2d 463 (State v. Malveaux) 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. Malveaux, 852 So. 2d 463, 2003 WL 21277110 (La. Ct. App. 2003).

Opinion

852 So.2d 463 (2003)

STATE of Louisiana
v.
James MALVEAUX.

No. 03-276.

Court of Appeal of Louisiana, Third Circuit.

June 4, 2003.

*465 Robert Richard Bryant, Jr., District Attorney, Carla S. Sigler, Assistant District Attorney, Lake Charles, LA, for State of Louisiana.

Edward K. Bauman, Louisiana Appellate Project, Lake Charles, LA, for Defendant/Appellant, James Malveaux.

Court composed of BILLIE COLOMBARO WOODARD, JIMMIE C. PETERS, and MICHAEL G. SULLIVAN, Judges.

SULLIVAN, Judge.

Defendant, James Malveaux, was charged by bill of information with possession of CDS Schedule II, a violation of La.R.S. 40:967(C), and obstruction of a public passage, a violation of La.R.S. 14:100.1. After the trial court denied Defendant's motion to suppress, Defendant entered a Crosby plea to the charge of possession of CDS Schedule II, and the charge of simple obstruction of public passage was dismissed. The trial court sentenced Defendant to two years supervised probation with special conditions.

Facts

At the hearing on the motion to suppress, Corporal Jason Johnson and Corporal Albert Hooper described the events that led to Defendant's arrest. At 1:30 p.m. on October 6, 2001, the two officers observed Defendant walking in the middle of Martha Street on the north side of Lake Charles, Louisiana. As the officers exited their vehicle to speak with him, they noticed that he appeared to clutch something in his left hand. When they asked him to step toward the patrol car and state his name and address, Defendant turned, pointed in the direction of a Martha Street residence, and "took off running" toward the residence. The officers chased him into the backyard of the residence, where he attempted to leap over a fence. During the struggle that ensued as Defendant fell to the ground, Defendant attempted to put his left hand into the left pocket of his pants. After the officers handcuffed Defendant, *466 they brought him to his feet and conducted a pat down search. As they reached into his left pocket, they found what they believed to be crack cocaine. They then placed Defendant under arrest for obstructing a public passage and possession of crack cocaine.

The substance found in Defendant's pocket was described as "small fragments" in a supplemental offense report. In his testimony at the preliminary examination, Corporal Johnson described it as "particles." Lab results indicated that the material found was cocaine based.

Assignment of Error

In his sole assignment of error, Defendant argues that the trial court erred in denying his motion to suppress. Defendant argues that the State failed to establish reasonable cause necessary for an investigatory stop, as the evidence did not establish that he was obstructing the roadway. He also contends that, even if the officers conducted a lawful investigatory stop, they had no reason to suspect that their safety or the safety of others was in danger. Hence, the search was unlawful, and any evidence seized should have been suppressed.

In denying Defendant's motion to suppress, the trial court stated:

After consideration of the evidence adduced and the applicable law, it is found that the officers had sufficient probable cause to stop the defendant. The defendant's subsequent actions further enhanced the probable cause and the "pat down" of the defendant. Based on the totality of the circumstances, a search was appropriate not only for officer safety, but because the officers would have been justified in arresting the defendant. The contraband inevitably would have been discovered in a search incident to arrest.

In State v. Thomas, 02-471, p. 3 (La. App. 3 Cir. 10/30/02), 829 So.2d 1137, 1139-1140 (citations omitted), this court explained:

When reviewing a trial court's denial of a motion to suppress, the appellate court looks at the totality of the evidence presented at the suppression hearing. Unless the trial court's conclusions are not supported by the evidence or there exists a clear abuse of discretion, an appellate court should not overturn the trial court's ruling. In other words, the appellate court will give the trial court's determination great weight and will not set aside the trial court's ruling unless clearly mandated by a preponderance of the evidence.

a. The Stop: Probable Cause.

"Probable cause to arrest without a warrant exists when the facts and circumstances known to the arresting officer are sufficient to justify a man of ordinary caution in believing that the person to be arrested has committed or was committing a crime." State v. Brisban, 00-3437, p. 5 (La.2/26/02), 809 So.2d 923, 927, citing Beck v. Ohio, 379 U.S. 89, 85 S.Ct. 223, 13 L.Ed.2d 142 (1964). See also La.Code Crim.P. art. 213.

La.R.S. 14:100.1 provides in part:

No person shall willfully obstruct the free, convenient and normal use of any public sidewalk, street, highway, bridge, alley, road, or other passageway, or the entrance, corridor or passage of any public building, structure, water craft or ferry, by impeding, hindering, stifling, retarding or restraining traffic or passage thereon or therein.

At the hearing on motion to suppress, Corporal Johnson testified regarding Defendant's actions as follows:

*467 Q So, now you approach him. Does he... get out of your way, or you just-how did that happen?
A We pulled several feet—we had stopped the unit several feet in front of him. He was still standing in the roadway. We asked him to come to the unit, and that's when he approached us.
Q Okay. Now, you said he's still standing, and I think earlier you said he was walking. Which one—
A I think he might have stopped when we got close to him, when we started stopping the unit.

Corporal Johnson testified that he did not recall seeing any other vehicles on the street that day. Corporal Hooper testified regarding traffic conditions as follows:

Q Okay. Was any traffic, vehicular traffic, on the roadway?
A [T]here's always traffic on that road. It's a busy street. He was obstructing our ... traffic at the time, therefore he was obstructing a road.
Q Okay. But I'm talking about when you saw him in the road, was there any other cars, trucks, on the road?
A I couldn't tell you. I couldn't—I couldn't recall, sir.
Q You don't recall?
A I don't recall, I just—
Q If I suggested to you that Officer Johnson stated there was no other vehicular traffic on the roadway, would you have any cause to not believe that?
A I couldn't recall, sir. I was focused on Mr. Malveaux standing in the middle of the roadway,—
....
A I was focused on Mr. Malveaux standing in the roadway, obstructing our traffic, as we were—
Q Obstructing your traffic?
A —coming.
Q Okay. But you didn't observe him obstructing any other traffic?
A I couldn't recall, sir. He was obstructing the roadway.

Corporal Hooper also stated that "we decided he was obstructing our traffic ... so we decided to stop him."

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Bluebook (online)
852 So. 2d 463, 2003 WL 21277110, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-malveaux-lactapp-2003.