State v. McCoy

817 So. 2d 421, 2002 La. App. LEXIS 1313, 2002 WL 904042
CourtLouisiana Court of Appeal
DecidedMay 8, 2002
DocketNos. 36,023-KA, 36,024-KA
StatusPublished

This text of 817 So. 2d 421 (State v. McCoy) 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. McCoy, 817 So. 2d 421, 2002 La. App. LEXIS 1313, 2002 WL 904042 (La. Ct. App. 2002).

Opinion

hPEATROSS, J.

Defendants, Darrell L. McCoy and Michael LeDean Carter, pled guilty to possession of marijuana with intent to distribute, reserving their right to appeal the trial court’s ruling on a previously filed motion to suppress. See State v. Crosby, 338 So.2d 584 (La.1976). They now appeal, arguing that the trial court erred in not suppressing the discovered marijuana. For the reasons stated herein, we affirm.

FACTS

On November 1, 2000, a trooper with the Louisiana State Police named Kevin Brown (“Trooper Brown”) observed a Ford Explorer and a Dodge van parked in the parking lot of a “rest area” located next to 1-20 in Bossier Parish, Louisiana. He then observed a male and female walking from the restrooms towards the parked vehicles. Trooper Brown became suspicious when the male and female, upon noticing him, hurried towards the parked vehicles. Trooper Brown continued to watch the male and female and he saw that they met another male and female at the parked vehicles. As he drove by, the four people quickly got into the two vehicles and left, driving eastbound toward Webster Parish. Trooper Brown could not see a license plate on the Ford Explorer, so he stopped the vehicle.

Upon approaching the vehicle, Trooper Brown saw a temporary license plate on the inside of a tinted window, but continued to investigate because it was handwritten and was not numbered. Ms. Flora D. Norman was the driver and Darrell McCoy was the passenger. Trooper Brown explained why he stopped the vehicle and asked Ms. Norman for the vehicle’s registration, but she could not find it. She first stated that she did hnot know who owned the vehicle and then stated that Mr. McCoy was the owner. Mr. McCoy stated that one of his relatives owned the vehicle; however, after searching through the glove compartment, he produced a handwritten sales receipt that indicated he was the owner.

Ms. Norman’s and Mr. McCoy’s drivers’ licenses revealed that they were residents of California. They stated that they were traveling with the people who were in the Dodge van and that they were going to a family reunion in Mississippi, but gave conflicting information as to which city. Trooper Brown noticed that Ms. Norman and Mr. McCoy were unusually nervous and suspected that they were involved in some type of criminal activity.

Trooper Brown then called the Webster Parish Sheriffs Department on his radio and requested that they stop the Dodge van, as he thought that they all fit the profiles of drug couriers. Next, he asked Ms. Norman if he could search the Ford Explorer because he did not have a warrant. She consented and signed a “Louisiana State Police Consent to Search” form. Two other state troopers arrived at the scene to assist Trooper Brown. During the search, two airline tickets were discovered, showing that Ms. Norman and Mr. McCoy had recently flown from Sacramento, California to El Paso, Texas. Additionally, canines were brought to the scene and they alerted, but Trooper Brown found no drugs at that time.1

[424]*424Officers for the Webster Parish Sheriffs Department and Minden Police Department stopped the Dodge van, and another state trooper, |3Pon Campbell, arrived on the scene and took control of the investigation. Michael Carter was the driver of the Dodge van and Alicia Meadows was the passenger. Trooper Campbell asked Mr. Carter if he could ask some questions and Mr. Carter, very nervously, answered in the affirmative. In response to some of Trooper Campbell’s questions, Mr. Carter stated that he and Ms. Meadows had recently flown from Sacramento, California to El Paso, Texas, that he borrowed the van from a friend, that he and Ms. Meadows were going to a family reunion in Mississippi and that they were not traveling with anyone else. A short time later, however, he stated that they were traveling with Ms. Norman and Mr. McCoy. Further, Mr.' Carter would not make eye contact with Trooper Campbell and continuously looked at the ground.

Trooper Campbell became suspicious that Mr. Carter and Ms. Meadows were involved in some type of criminal activity and asked Mr. Carter if he could search the Dodge van because he did not have a warrant. Mr. Carter answered in the affirmative and signed a “Louisiana State Police Consent to Search” form. As Trooper Campbell began his search, a traffic accident occurred in the west-bound lane across from them. For safety reasons, Trooper Campbell asked Mr. Carter if he would follow him to the parking lot of the Webster Parish Sheriffs Department so that the search could be completed. Mr. Carter then voluntarily followed Trooper Campbell to the Sheriffs Department. Upon learning that the Dodge van was going to the Sheriffs Department, Trooper Brown also asked |4Ms. Norman to follow him to the parking lot of the Webster Parish Sheriffs Department and she did so voluntarily.

When the searches resumed at the Webster Parish Sheriffs Department, the canines alerted again. A fiber optic scope was used to reveal metal boxes in the gas tanks of the Ford Explorer and Dodge van. The gas. tanks were disassembled and approximately 88.8 pounds of marijuana was discovered in the gas tank of the Dodge van and approximately 62.8 pounds of marijuana was discovered in the gas tank of the Ford Explorer.

Mr. Carter, Mr. McCoy, Ms. Meadows and Ms. Norman were arrested and charged with possession of marijuana with intent to distribute, in violation of La. R.S. 40:964, and conspiracy to possess with intent to distribute, in violation of La. R.S. 40:979.2 Defendants pled not guilty and filed motions to suppress the marijuana, but the trial court denied the motions. Based on the denial of the motions to suppress, Defendants entered pleas of guilty to possession of marijuana; and, as previously stated, pursuant to Crosby, supra, they reserved their rights to appeal the denial of the motions to suppress.

DISCUSSION

Defendants argue that the initial detention of the Ford Explorer and Dodge van were unconstitutional because the police had no reasonable suspicion that Defendants were involved in any criminal activity. “A law enforcement officer may stop a person in a public place whom he ^reasonably suspects is committing, has committed, or is about to commit an offense and may demand of him his name, address and an explanation of his actions.” [425]*425La.C.Cr. P. art. 215.1. Defendants further argue that their motion to suppress the discovered marijuana should have been sustained by the trial court because the discovered marijuana was the product of an unconstitutional stop. “A defendant adversely affected may move to suppress any evidence from use at the trial on the merits on the ground that it was unconstitutionally obtained.” La.C.Cr. P. art. 703(A).

Initially we make a finding that it is unnecessary to discuss the propriety of the initial stops of either vehicle because the federal and Louisiana jurisprudence provides an exception to La.C.Cr. P. art. 703(A) known as the “attenuation doctrine,” where the connection between the initial unconstitutional detention and the discovered evidence have “become so attenuated as to dissipate the taint.” State v. Hill, 97-2551 (La.11/6/98), 725 So.2d 1282; State v. Jenkins, 340 So.2d 157 (La.1976). Even if the initial stop was unconstitutional, we find, based on the following discussion, that the trial court was correct in denying Defendants’ motions to suppress.

A search conducted pursuant to a valid consent is permitted by both the Louisiana and United States Constitutions.

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Related

Brown v. Illinois
422 U.S. 590 (Supreme Court, 1975)
State v. Crosby
338 So. 2d 584 (Supreme Court of Louisiana, 1976)
State v. Owen
453 So. 2d 1202 (Supreme Court of Louisiana, 1984)
State v. Raheem
464 So. 2d 293 (Supreme Court of Louisiana, 1985)
State v. Crews
674 So. 2d 1082 (Louisiana Court of Appeal, 1996)
State v. Hill
725 So. 2d 1282 (Supreme Court of Louisiana, 1998)
State v. Bargeman
721 So. 2d 964 (Louisiana Court of Appeal, 1998)
State v. Jenkins
340 So. 2d 157 (Supreme Court of Louisiana, 1976)
State v. Edwards
750 So. 2d 893 (Supreme Court of Louisiana, 1999)
State v. Cox
330 So. 2d 284 (Supreme Court of Louisiana, 1976)
Edwards v. Louisiana
528 U.S. 1026 (Supreme Court, 1999)
Coulibaly v. Immigration & Naturalization Service
528 U.S. 1027 (Supreme Court, 1999)

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Bluebook (online)
817 So. 2d 421, 2002 La. App. LEXIS 1313, 2002 WL 904042, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-mccoy-lactapp-2002.