State v. Marler

797 So. 2d 706, 2001 WL 133211
CourtLouisiana Court of Appeal
DecidedFebruary 16, 2001
Docket2000 KA 0493
StatusPublished
Cited by2 cases

This text of 797 So. 2d 706 (State v. Marler) 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. Marler, 797 So. 2d 706, 2001 WL 133211 (La. Ct. App. 2001).

Opinion

797 So.2d 706 (2001)

STATE of Louisiana
v.
Randall MARLER.

No. 2000 KA 0493.

Court of Appeal of Louisiana, First Circuit.

February 16, 2001.

*707 Doug Moreau, District Attorney, Tracey Ewing, Assistant District Attorney, Baton Rouge, for State of Louisiana.

Kevin Patrick Monahan, Baton Rouge, for Randall Marler.

Before: PARRO, FITZSIMMONS, and GUIDRY, JJ.

GUIDRY, J.

Defendant, Randall Marler, was charged by bill of information with driving while intoxicated (DWI), fourth offense, in violation of La. R.S. 14:98. After the denial of defendant's motion to suppress physical evidence and oral statements, defendant withdrew an earlier not guilty plea and pled guilty as charged. Thereafter, defendant filed motions to withdraw his guilty plea and to quash the bill of information. After the trial court granted the motion to withdraw the guilty plea and denied the motion to quash, defendant again pled guilty with a reservation of the right to appeal the trial court's rulings denying the motion to suppress and the motion to quash. See State v. Crosby, 338 So.2d 584 *708 (La.1976). Later, the trial court sentenced defendant to imprisonment at hard labor for a term of ten years with two years of the term to be served without benefit of parole. Defendant has appealed the adverse trial court rulings on the motion to suppress and the motion to quash in two assignments of error.

FACTS

Between approximately 1:15 and 1:30 a.m. on July 2, 1996, Officer Christopher Polito and Sgt. Jeff Smith of the Baton Rouge City Police Department were together in a parked police unit in Baton Rouge in a parking lot across the street from a service station at the intersection of Airline Highway and St. Gerard. They were there looking for illicit drug offenders and vice crime offenders. From their stationary location, Polito observed defendant's van approach at a slow rate of speed on Airline Highway. Defendant, the sole occupant in the van, turned onto St. Gerard and stopped in the street about seven or eight feet past the intersection. After the van remained there for about four or five minutes, Polito and Smith pulled up in their police unit behind the van and activated the emergency lights on the police unit. The officers' purpose in taking that course of action was to determine what defendant was doing and if anything was wrong with defendant. However, when the police unit was positioned behind the van, defendant shifted the van into reverse causing it to back up toward the police unit. Polito's response was to sound an air horn, which apparently caused defendant to stop the van and narrowly avoid a collision with the police unit. Defendant then pulled into the service station at the intersection. Polito and Smith followed the van, exited the police unit, and engaged defendant in a conversation. At that time, it was observed that defendant appeared to be intoxicated, as he had slurred speech and unsure balance when he stood. After obtaining permission from defendant to search the van, Polito and Smith found an open alcoholic beverage container and a crack pipe in the van.

Louisiana State Police Trooper Johnny Sparks came to the scene. Polito and Smith turned the DWI investigation over to Sparks. Sparks smelled a strong odor of alcohol about defendant's person. In addition to defendant's slurred speech, Sparks noticed defendant was holding on to the side of the van when he asked defendant to walk over to where he was. When defendant walked, he was unsteady on his feet. Sparks attempted to administer field sobriety tests to defendant. On the first of the tests, defendant did not follow Sparks' instructions. Fearing defendant might fall and hurt himself, Sparks ceased any further field sobriety testing. He arrested defendant for DWI and advised defendant of his Miranda rights.

Sparks then transported defendant to the East Baton Rouge Parish Prison. After advising defendant of his rights relating to chemical testing for blood alcohol content, Sparks made three attempts to have defendant blow into a breathalyzer machine. On the first and second attempts, defendant declined to blow into the machine and slid from the chair on which he was seated and had to be helped back into the chair. On the final attempt, defendant again declined to blow into the machine and slid from the chair to the floor where he appeared to be unconscious. Defendant was booked into the parish prison, which marked the conclusion of Sparks' investigation into the matter.[1]

*709 ASSIGNMENT OF ERROR NO. 1:

In this assignment, defendant contends that the trial court erred by denying the motion to suppress physical evidence and oral statements.[2] Defendant essentially argues he was illegally stopped by the police without reasonable suspicion for an investigatory stop; and, without making any other specific argument, he concludes that any evidence derived from the alleged illegal stop must be suppressed.

The Louisiana Supreme Court has recognized a three-tiered analysis governing the Fourth Amendment's application to interactions between citizens and police. At the first tier, mere communications between officers and citizens implicate no Fourth Amendment concerns where there is no coercion or detention. At the second tier—the investigatory stop recognized by the United States Supreme Court in Terry v. Ohio, 392 U.S. 1, 88 S.Ct. 1868, 20 L.Ed.2d 889 (1968)—the police officer may briefly seize a person if the officer has an objectively reasonable suspicion, supported by specific and articulable facts, that the person is, or is about to be, engaged in criminal conduct or is wanted for past criminal acts. Lastly, at the third tier of custodial "arrest," the officer must have "probable cause" to believe that the person has committed a crime. State v. Fisher, 97-1133, pp. 4-5 (La.9/9/98), 720 So.2d 1179, 1182-1183.

In evaluating alleged violations of the Fourth Amendment, the United States Supreme Court has undertaken an objective assessment of an officer's action in light of the facts and circumstances then known to him. State v. Garcia, 519 So.2d 788, 793 (La.App. 1st Cir.1987), writ denied sub nom., State v. Rodriguez, 530 So.2d 85 (La.1988) (citing Scott v. United States, 436 U.S. 128, 98 S.Ct. 1717, 56 L.Ed.2d 168 (1978)). "[T]he fact that the officer does not have the state of mind which is hypothecated by the reasons which provide the legal justification for the officer's action does not invalidate the action taken as long as the circumstances, viewed objectively, justify that action." Scott v. United States, 436 U.S. at 138, 98 S.Ct. at 1723.

In the instant situation, we are convinced that there was no detention of defendant for Fourth Amendment purposes when Polito and Smith pulled up behind defendant's van and activated the emergency lights on their police unit after observing defendant's vehicle stopped in the roadway for several minutes, particularly considering the hour of the night. Indeed, this action by the officers was no more or less than could be expected by diligent policemen who would likely approach any citizen under such circumstances to check to see what was going on, check on the physical condition of the driver of the vehicle, or render roadside assistance to a possibly stranded motorist. *710

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949 So. 2d 649 (Louisiana Court of Appeal, 2007)
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Cite This Page — Counsel Stack

Bluebook (online)
797 So. 2d 706, 2001 WL 133211, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-marler-lactapp-2001.