State v. Marley

945 So. 2d 808, 2006 WL 3691011
CourtLouisiana Court of Appeal
DecidedNovember 8, 2006
Docket2006-KA-0317
StatusPublished
Cited by5 cases

This text of 945 So. 2d 808 (State v. Marley) 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. Marley, 945 So. 2d 808, 2006 WL 3691011 (La. Ct. App. 2006).

Opinion

945 So.2d 808 (2006)

STATE of Louisiana
v.
Margaret MARLEY.

No. 2006-KA-0317.

Court of Appeal of Louisiana, Fourth Circuit.

November 8, 2006.

*810 Eddie J. Jordan, Jr., District Attorney, Battle Bell IV, Assistant District Attorney, New Orleans, LA, for Plaintiff/Appellee.

Robert Glass, Glass & Reed, New Orleans, LA, for Defendant/Appellant.

Court composed of Judge MAX N. TOBIAS Jr., Judge EDWIN A. LOMBARD, Judge ROLAND L. BELSOME).

EDWIN A. LOMBARD, Judge.

The State charged the defendant with one count of possession of cocaine and one count of possession of alprazolam in violation of La.Rev.Stat. 40:967. After the trial court heard and denied a motion to suppress the evidence, the defendant entered pleas of guilty as charged on both counts, reserving her right to appeal the court's adverse ruling on the suppression issue. State v. Crosby, 338 So.2d 584 (La.1976). The court sentenced the defendant on both counts to concurrent terms of three years imprisonment at hard labor, suspended, and placed her on active probation with special conditions for three years. After reviewing the record in light of the applicable law and arguments of the parties, we find that the trial court erred in denying the defendant's motion to suppress. Accordingly, we reverse the trial court's ruling on the motion to suppress and remand the matter for further proceeding.

Relevant Facts and Procedural History

In the early afternoon of March 14, 2005, Officers Sam Palumbo and Monroe Dillon, III, of the New Orleans Police Department (NOPD) were dispatched in response to a "suspicious person" call at 1729[1] Prytania Street and advised that a "white female at that location was possibly wanted for theft."

Upon arrival, the officers observed the defendant, Margaret Marley, and another woman leaving an apartment in the building at 1729 Prytania Street. After leaving the apartment door ajar, the two women, rather than opening the locked gate to reach the front sidewalk, hopped over the brick wall[2] separating the apartment building from the sidewalk.

Upon being stopped and questioned by the police officers, Ms. Marley explained that she lived in the apartment but that her key was broken and, accordingly, she left the door ajar and circumvented the locked gate. Ms. Marley produced her Louisiana driver's license, which verified her identity but reflected a different New Orleans street address. A large sign in front of the apartment building identified the landlord of 1729 Prytania Street as New Orleans realtor, Howard Schmalz.

The police officers then entered Ms. Marley's apartment without her consent or a warrant and discovered the evidence at issue. After arresting Ms. Marley, however, Officer Dillon easily verified that the apartment at 1729 Prytania was, in fact, Ms. Marley's residence by simply calling the landlord. Ms. Marley was arrested *811 and subsequently charged with one count each of possession of cocaine and possession of alprazolam. She pleaded not guilty to both counts at her arraignment on May 24, 2005, and filed a motion to suppress the evidence.

At the end of the hearing, the trial judge denied the defendant's motion without reasons. Thereafter, Ms. Marley withdrew her not guilty pleas and pleaded guilty as charged to each count pursuant to State v. Crosby, supra, reserving her right to appeal the court's ruling on the motion to suppress the evidence.

Discussion

By her sole assignment of error, the defendant/appellant contends that the trial court erred by denying her motion to suppress the evidence.

The Fourth Amendment to the United States Constitution protects "[t]he right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures." U.S. Const. amend. IV; Payton v. New York, 445 U.S. 573, 100 S.Ct. 1371, 63 L.Ed.2d 639 (1980) (warrantless entries into the home for arrest or seizure are invalid in the absence of exigent circumstances). Similarly, the Louisiana Constitution provides that "[e]very person shall be secure in his person, property, communications, houses, papers, and effects against unreasonable searches, seizures, or invasions of privacy." La. Const. Art. 1 § 5.

Because the Fourth Amendment has drawn a firm line at the entrance to the home, a police officer needs both probable cause to arrest or search and exigent circumstances to justify a non-consensual warrantless intrusion into a private premises. State v. Talbert, 449 So.2d 446, 448 (La.1984); State v. Hathaway, 411 So.2d 1074, 1079 (La.1982). Because the evidence in this case was seized without a warrant as required by the Fourth Amendment of the U.S. Constitution and the Louisiana Constitution, Art. 1 § 5, the burden is on the State to show that a search is justified by some exception to the warrant requirement. Vale v. Louisiana, 399 U.S. 30, 34, 90 S.Ct. 1969, 26 L.Ed.2d 409 (1970); State v. Tatum, 466 So.2d 29, 31 (La.1985); State v. Pomes, 376 So.2d 133, 135 (La.1979). Thus, to find the evidence in this case admissible, the court must find that probable cause to arrest existed prior to entry into Ms. Marley's apartment and that exigent circumstances existed requiring immediate warrantless entry into the apartment. State v. Rudolph, 369 So.2d 1320, 1326 (La.1979), cert. den., Rudolph v. Louisiana, 454 U.S. 1142, 102 S.Ct. 1001, 71 L.Ed.2d 294 (1982) (an intrusion into a protected area is justified only if there is probable cause to arrest and exigent circumstances).

The only evidence offered by the State at the hearing on the defendant's motion to suppress was the testimony of Officer Dillon. He testified that, after being dispatched to the Prytania Street neighborhood with his partner in response to a call of a suspicious person involving a possible theft, he observed two young women exit an apartment and hop over the brick wall. Accordingly, the officers stopped the two women for questioning and when Ms. Marley's identification did not verify her residence in the Prytania Street apartment, "we went into the apartment fearing that maybe someone could be in harm inside of the apartment for some reason because the door was left ajar. We asked her why she left the door open. She said she didn't have a key to the apartment that she lived in, which was very suspicious so we entered the apartment." Officer Dillon conceded on cross-examination that there was no information received or observed which suggested that a person was in the apartment. Further, Officer Dillon testified *812 that after arresting the defendant and searching her apartment, verification of Ms. Marley's residency was simple because "I looked on the building and saw that the building was owned by Howard [Schmalz], and I was a previous tenant of Howard [Schmalz]. That's how I had his phone number."

The State argues that based upon the totality of these circumstances[3]

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

Related

State of Louisiana v. Irvin Compass
Louisiana Court of Appeal, 2019
State v. Baugh
229 So. 3d 520 (Louisiana Court of Appeal, 2017)
State v. Lewis
126 So. 3d 652 (Louisiana Court of Appeal, 2013)
State v. Taylor
104 So. 3d 679 (Louisiana Court of Appeal, 2012)
State v. Johnson
993 So. 2d 326 (Louisiana Court of Appeal, 2008)

Cite This Page — Counsel Stack

Bluebook (online)
945 So. 2d 808, 2006 WL 3691011, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-marley-lactapp-2006.