State v. Mayes

532 So. 2d 331, 1988 La. App. LEXIS 1998, 1988 WL 103180
CourtLouisiana Court of Appeal
DecidedOctober 5, 1988
DocketNo. CR88-32
StatusPublished
Cited by3 cases

This text of 532 So. 2d 331 (State v. Mayes) 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. Mayes, 532 So. 2d 331, 1988 La. App. LEXIS 1998, 1988 WL 103180 (La. Ct. App. 1988).

Opinion

KNOLL, Judge.

Defendant, Alvin Mayes, was charged by bill of information with possession of cocaine with intent to distribute, a violation of LSA-R.S. 40:967A(1). Defendant pleaded guilty as charged, reserving his right pursuant to State v. Crosby, 338 So.2d 584 (La.1976), to appeal the trial court’s denial of his motion to suppress. The trial court sentenced defendant to serve five years at hard labor. Defendant appeals his conviction, relying on four assignments of error.

FACTS

During the evening of July 8, 1986, an individual telephoned Detective John C. Faglie of the Alexandria Metro Narcotics Squad, identified himself, and provided information that a black male by the name of A1 Mayes was in possession of cocaine in Room 143 of the Plantation Manor Motel in Alexandria. The individual further detailed to Officer Faglie that Mayes was from Florida, drove a blue Cadillac, bearing Florida license plates, which was parked in the motel parking lot a distance from the room Mayes occupied, and that he witnessed Mayes selling cocaine in the motel room Mayes rented.

Officer Faglie then commenced an investigation to gain additional facts to support the information that defendant was in possession of cocaine and was distributing it. On July 9, 1986, Officer Faglie began surveillance of the motel. He observed an automobile matching the description provided by the informant parked a distance from Room 143. During the surveillance, a black male was seen leaving Room 143, entering the blue Cadillac, and driving to [333]*333another motel where he spent approximately 15 minutes before driving to a local restaurant. The suspect then returned to the Plantation Manor Motel and parked his vehicle across the parking lot from his room. During his surveillance, Officer Faglie also learned from the desk clerk of the motel that defendant had rented another room at the motel, Room 103. Officer Faglie then contacted Florida police authorities, and was informed that defendant, the registered owner of the blue Cadillac, had a record sheet involving numerous narcotics violations.

Officer Faglie next prepared an affidavit in support of a search warrant containing the foregoing information, and a search warrant was executed on the afternoon of July 9, 1986.

AFFIDAVIT MISREPRESENTATIONS

Defendant contends that the search warrant should be quashed and the cocaine suppressed because the affidavit contains misrepresentations about the location of his automobile, whether he had prior narcotics’ convictions, and the characterization of the informant as a concerned citizen. Alternatively, defendant asserts that unintentional misrepresentations should he excised from the affidavit and the probable cause analysis be made on the reconstituted affidavit.

In State v. Rey, 351 So.2d 489, 492 (La.1977), the Louisiana Supreme Court stated:

“[W]hen faced with an affidavit containing inaccurate statements the preferred approach is to excise the inaccurate statements and then examine the residue to determine if it supports a finding of probable cause. If, however, the misrepresentations were intentionally made, a different result is required. Because these distorted statements constitute a fraud upon the courts and represent impermissible overreaching by the government, a warrant based on an affidavit containing intentional misrepresentations must be quashed.”

The first asserted misrepresentation relates to the location where defendant parked his automobile. The affidavit states the vehicle could be found parked “away from the room.”

After following the suspect, the investigating officer, according to the affidavit, observed the suspect park the vehicle “across the parking lot on the opposite side of the building where the room was located.” Defendant asserts that the affiant made an intentional misrepresentation by suggesting that the automobile was secreted behind the motel.

The testimony of Officer Faglie at the suppression hearing makes it clear that defendant’s automobile was parked across the parking lot away from the hotel room; particularly, his testimony placed the vehicle between two trucks with the trunk toward the building in such a way that the license plate could not be viewed from the parking lot. Accordingly, the suggestion that defendant parked his vehicle on the opposite side of the building is inaccurate. Nevertheless, the record does not support defendant’s allegation that this statement was an intentional falsehood. At another place in the affidavit, when the officer described the places to be searched, he stated the 1986 Cadillac “which is parked in the parking lot of the motel.” Therefore, the affidavit should be examined by us with this error corrected; that is, the defendant’s automobile was parked across the parking lot away from the motel room and not behind the building.

The second asserted misrepresentation is the statement that Florida authorities indicated that defendant “has a record sheet involving numerous narcotics violations.” Defendant contends that the affi-ant’s statement misled the issuing magistrate because it suggested prior convictions. We disagree. At the suppression hearing, Officer Faglie verified this statement, and emphasized that the Florida authorities did not inform him of any narcotics conviction on defendant’s record. After examining the affidavit, we do not find that it suggests that defendant had any prior convictions. What the statement does accomplish, for the benefit of the issuing magistrate, is that it demonstrates steps taken by the affiant to determine if the [334]*334information provided him by the confidential informant was correct. Therefore, the allegation of falsehood as to this statement in the affidavit is not supported by the record.

Defendant’s third asserted misrepresentation is that the affidavit characterized the informant as a “concerned citizen”. Defendant argues that the affiant was intentionally deceiving the neutral magistrate by suggesting the reported criminal activity was provided by a citizen-witness as opposed to "an unnamed denizen of the criminal underworld who habitually witnesses and reports criminal activity to police for pay or some other advantage.” See State v. Morris, 444 So.2d 1200, at 1203 (La.1984).

Louisiana jurisprudence is clear that information provided by a citizen-informer is presumptively more credible than information provided by an unnamed informer such as the one identified in State v. Morris, supra. State v. Mosley, 412 So.2d 527 (La.1982). Although, in the case sub judice the affiant identified the informant as a “concerned citizen”, the affidavit clearly states that this informant was present during a drug transaction in a private motel room. Taking the affidavit as a whole, it is clear that the magistrate was shown that this informant was not an individual who inadvertently witnessed criminal conduct and reported it to the police as a matter of civic duty. Although the characterization of the informant as a “concerned citizen” could be misinterpreted, nevertheless the statement does not constitute a fraud upon the courts. In reviewing the affidavit for probable cause, we shall correct any possible misinterpretation and consider the “concerned citizen” as an anonymous informant.

PROBABLE CAUSE

Defendant contends that the cocaine seized pursuant to the search warrant should have been suppressed because the search warrant was not supported by probable cause.

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Related

State v. Solomon
664 So. 2d 537 (Louisiana Court of Appeal, 1995)
State v. Coy
646 So. 2d 1164 (Louisiana Court of Appeal, 1994)
State v. Mayes
560 So. 2d 27 (Supreme Court of Louisiana, 1990)

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Bluebook (online)
532 So. 2d 331, 1988 La. App. LEXIS 1998, 1988 WL 103180, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-mayes-lactapp-1988.