State v. Matthews

100 So. 3d 890, 2011 La.App. 4 Cir. 1570, 2012 WL 4021711, 2012 La. App. LEXIS 1141
CourtLouisiana Court of Appeal
DecidedSeptember 12, 2012
DocketNo. 2011-KA-1570
StatusPublished

This text of 100 So. 3d 890 (State v. Matthews) 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. Matthews, 100 So. 3d 890, 2011 La.App. 4 Cir. 1570, 2012 WL 4021711, 2012 La. App. LEXIS 1141 (La. Ct. App. 2012).

Opinion

JAMES F. McKAY III, Judge.

_JjThe defendant, Robert Matthews, appeals the trial court’s judgment finding of probable cause and denying his motion to suppress the evidence. We affirm the trial court’s judgment.

STATEMENT OF CASE

On June 28, 2011, the State charged the defendant Robert Matthews with one count of possession of diazepam, a violation [892]*892of La. R.S. 40:969(C). Robert Matthews pled not guilty at his arraignment on June 30, 2011. On July 28, 2011, the trial court found probable cause and denied his motion to suppress the evidence.

On August 5, 2011, the defendant appeared for a pre-trial conference and pled guilty pursuant to State v. Crosby, 338 So.2d 584 (La.1976). On that same date, he waived any sentencing delays and was sentenced to serve thirty (30) months at hard labor, suspended, and thirty (30) months active probation. On August 23, 2011, the trial court granted his motion for appeal.

STATEMENT OF FACT

Officer Calvin Banks testified that on June 20, 2011, he and his partner, Officer Watson, responded to a call of three suspicious people, all of whom were | ..wanted by police, selling drugs at 1517 Franklin Avenue. When the officers arrived at 1517 Franklin Avenue, they observed two unknown black females and one unknown black male, the defendant. Officer Banks requested that the subjects provide him with identification. The two females provided the officers with state-issued identification cards, and the defendant, Robert Matthews, who did not have an identification card, provided the officers with the name “Robert Mosley” and a date of birth of November 4, 1947. The officers were unable to locate any information on the defendant based on the name and date of birth he provided to them. The officers asked the defendant to provide them with a Social Security number, which he did. However, the officers were unable to locate any information on the defendant based on the Social Security number he provided to them. The officers then ran the address of 1517 Franklin Avenue in order to determine the defendant’s name, but were unable to obtain any information regarding the defendant based on his address. Ultimately, an unnamed relative at the Franklin Avenue address provided the officers with the defendant’s actual name. The officers ran the defendant’s actual name in their system and discovered that he was wanted on a court capias.1 The officers placed the defendant under arrest for misrepresentation of identification pursuant to New Orleans Municipal Code § 54-487 and then proceeded to conducted a search incidental to the arrest. Pursuant to this search the officers found two blue pills in the defendant’s pocket, which they were able to identify as diazepam (valium). The defendant told the officers that he did not have a prescription for the diazepam found in his pocket.

On cross-examination, Officer Banks testified that the informant, who made |3the suspicious persons call, identified the three suspicious persons as Alexis Evans, Yolanda Evans, and Gerald Evans. However, the three people that the offices discovered at the location were identified as Alexis Evans, Debra Marsh, and the defendant, Robert Matthews.

When the officers arrived at the scene, Officer Banks observed Debra Marsh and Alexis Evans placing some items into a vehicle and the defendant sitting in a chair on the neutral ground. Officer Banks did not observe anyone selling drugs. When the defendant saw the officers he got out of his chair and walked towards them. Likewise, “some family members” came outside from the interior of the residence at 1517 Franklin Avenue when they saw the officers.

[893]*893Officer Banks clarified that he ran the defendant’s name through a motions computer, which verifies a person’s identity. Officer Banks explained that every citizen of New Orleans who has a state-issued identification card can be identified through the motions computer. Officer Banks believed that the defendant’s name was not Robert Mosely, as the defendant indicated to the officers, as the name Robert Mosely did not appear in the motions computer. In addition, the defendant indicated to Officer Banks that he had previously been arrested in Orleans Parish. Evidence of the defendant’s prior arrest would have been verified through the use of the officers’ computer. However, the officers could not find any information relating to a Robert Mosely in their system. Officer Banks testified that he and Officer Watson spent approximately forty-five minutes trying to figure out the defendant’s identity.

During the course of the officers’ investigation of the defendant’s identity, the defendant was standing outside, in front of the police vehicle, next to Officer Banks. At that time, the defendant was not in handcuffs. Officer Banks confirmed |4that, at the time of his arrest, the defendant resided at 1517 Franklin Avenue, the location of his arrest.

The defense rested without calling any witnesses.

ERRORS PATENT

A review of the record reveals no patent errors.

DISCUSSION

ASSIGNMENT OF ERROR NUMBER 1

In his first assignment of error, the defendant argues that the trial court erred in denying his motion to suppress the evidence because the officers lacked reasonable articulable suspicion to conduct an investigatory stop, and because the officers’ forty-five minute investigation was a forcible detention. This assignment of error lacks merit.

At a hearing on a motion to suppress, the State has the burden of proving the admissibility of all evidence seized without a warrant. La.C.Cr.P. art. 703(D). Trial courts are vested with great discretion when ruling on a motion to suppress, and the ruling of a trial judge on such a motion will not be disturbed absent an abuse of that discretion. State v. Oliver, 99-1585, p. 4 (La.App. 4 Cir. 9/22/99), 752 So.2d 911, 914.

In Louisiana, a law enforcement officer may approach any person and ask simple questions without a requirement of reasonable suspicion of criminal activity. See State v. Martin, 2011-0082, p. 6 (La.10/25/11), 79 So.3d 951, 956. See also State v. Herrera, 2009-1783, p. 1-2 (La.12/18/09), 23 So.3d 896, 897. This type of encounter is less formal than that of an investigatory stop, and is, essentially, a consensual encounter involving minimal police contact which does not invoke constitutional safeguards. Id. at p. 7, 79 So.3d at 956; See Florida v. Bostick, 501 U.S. 429, 439, 111 S.Ct. 2382, 2388, 115 L.Ed.2d 389 (1991); See also, State v. Sherman, 2005-0779, p. 7 (La.4/4/06), 931 So.2d 286, 291. Mere communications between officers and citizens implicate no Fourth Amendment concerns where there is no coercion or detention. Martin, 2011-0082, p. 6, 79 So.3d at 956. Indeed, police officers are free to approach an individual on the street and engage him or her in conversation, which may include questions which invite an incriminating response, and may also ask for some identification without implicating the Fourth Amendment. See, id. at p. 8, 79 So.3d at 956-957; State v. Lewis, 2000-3136, p. 5 (La.4/26/02), 815 So.2d 818, 820. In addi[894]

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Related

Immigration & Naturalization Service v. Delgado
466 U.S. 210 (Supreme Court, 1984)
Florida v. Bostick
501 U.S. 429 (Supreme Court, 1991)
United States v. Robert Lambert
46 F.3d 1064 (Tenth Circuit, 1995)
State v. Crosby
338 So. 2d 584 (Supreme Court of Louisiana, 1976)
State v. Gates
630 So. 2d 1345 (Louisiana Court of Appeal, 1994)
State v. Sherman
931 So. 2d 286 (Supreme Court of Louisiana, 2006)
State v. Herrera
23 So. 3d 896 (Supreme Court of Louisiana, 2009)
State v. Lewis
815 So. 2d 818 (Supreme Court of Louisiana, 2002)
State v. Oliver
752 So. 2d 911 (Louisiana Court of Appeal, 1999)
State v. Pham
839 So. 2d 214 (Louisiana Court of Appeal, 2003)
State v. Martin
79 So. 3d 951 (Supreme Court of Louisiana, 2011)
State v. James
980 So. 2d 750 (Louisiana Court of Appeal, 2008)

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Bluebook (online)
100 So. 3d 890, 2011 La.App. 4 Cir. 1570, 2012 WL 4021711, 2012 La. App. LEXIS 1141, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-matthews-lactapp-2012.