State v. Melancon

860 So. 2d 225, 2003 WL 22439306
CourtLouisiana Court of Appeal
DecidedOctober 28, 2003
Docket03-KA-514
StatusPublished
Cited by16 cases

This text of 860 So. 2d 225 (State v. Melancon) 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. Melancon, 860 So. 2d 225, 2003 WL 22439306 (La. Ct. App. 2003).

Opinion

860 So.2d 225 (2003)

STATE of Louisiana
v.
Raymond E. MELANCON.

No. 03-KA-514.

Court of Appeal of Louisiana, Fifth Circuit.

October 28, 2003.

*226 Paul D. Connick, District Attorney District, Andrea F. Long, Terry Boudreaux, Bradley R. Burget, Assistant District Attorneys, Gretna, LA, for Appellee.

Holli Herrle Castillo, Marrero, LA, for Appellant.

Panel composed of Judges MARION F. EDWARDS, CLARENCE E. McMANUS and WALTER J. ROTHSCHILD.

*227 MARION F. EDWARDS, Judge.

Defendant appeals his conviction for possession with intent to distribute cocaine. For the following reasons, defendant's conviction is affirmed.

On December 4, 2001, the Jefferson Parish District Attorney's Office filed a bill of information charging defendant, Raymond Melancon, with possession with intent to distribute cocaine, a violation of LSA-R.S. 40:967(A). Melancon was arraigned on December 27, 2001, and entered a plea of not guilty.

On May 7, 2002, the trial court heard and denied a defense motion to suppress the evidence.[1] Trial commenced that day. After a jury was selected and sworn, Melancon expressed his intention to withdraw his plea of not guilty and enter a guilty plea. The trial judge questioned Melancon with regard to his background, age, education, and general competency. The judge further instructed Melancon as to the nature of the offense to which he was pleading guilty, and the sentencing range to which he would be exposed.

The court advised Melancon of his right to trial by jury and confrontation, and his privilege against self-incrimination.[2] Melancon indicated he understood those rights, and that he wished to waive them and enter a guilty plea. Melancon and his attorney completed a waiver of rights/guilty plea form. The trial court accepted Melancon's plea as knowing and voluntary. As part of the plea bargain, the State agreed to refrain from filing a habitual offender bill.

The judge sentenced Melancon to eight years at hard labor, the first two years of which would be served without the benefit of parole, probation or suspension of sentence. The judge directed that the sentence be served concurrently with any other sentence defendant was serving. Melancon orally noticed his intention to appeal the trial court's denial of his motion to suppress under State v. Crosby.[3]

Facts surrounding the charged offense were adduced at the hearing on Melancon's motion to suppress evidence. Additionally, the record includes the police incident report prepared by Detective Tod Vignes. The report was not introduced as evidence at the motion hearing, but it is marked as Defense Exhibit 1. Paragraph 12 of defendant's guilty plea form states, "Would you explain to the court the factual circumstances surrounding this crime?" The handwritten response, initialed by defendant, is, "Submit to Police Report."

Detective Tod Vignes of the Jefferson Parish Sheriff's Office testified that, on November 11, 2001, he received a tip from a confidential informant. The informant stated that a drug transaction would take place within ten minutes in the parking lot of Rainbow Lanes bowling alley on Manhattan Boulevard in Harvey. The informant described the men and the cars that would be involved in the transaction.[4]

*228 When Vignes arrived at the scene, he saw defendant, Raymond Melancon, meeting with a second man. Melancon walked away from the other man and toward a white Ford Probe automobile. Melancon and the car fit the informant's description. Melancon stood beside the open door on the driver's side of the car, and moved his hand from the pocket of his jacket to the inside handle of the door. Melancon then sat inside the car and closed the door. Vignes approached the car and saw that there were three people inside with Melancon.

Vignes asked Melancon to exit the car, and Melancon complied. The officer placed Melancon in handcuffs and performed a pat-down search of his outer clothing for weapons, but did not find any. Backup officers arrived, and they ran a criminal history check on Melancon and his three companions. One of the men had an outstanding attachment, and the others had prior drug arrests. Vignes arrested the man who was wanted on the attachment, and found marijuana on his person in a search incident to arrest. Some other individuals in the area were temporarily detained, but were not arrested. Vignes called a K-9 officer to the scene. An officer arrived with a dog, and they surveyed the outside of the Ford. The dog alerted to the driver's side door of the car. Vignes searched the interior of the car, and recovered a bag of crack cocaine from the driver's side door handle. Melancon was then placed under arrest.

Melancon testified that he was simply at the bowling alley to socialize with his friends. He was having trouble with his car, and was about to look under the hood for the source of the problem, when several police officers surrounded him. Detective Vignes drew his gun and said, "Here, got a stolen car." Melancon attempted to show Vignes the car's registration in order to verify his ownership, but the officer did not acknowledge his protestations. Vignes searched Melancon's clothing and said, "Here you go, crack cocaine." Vignes placed Melancon in handcuffs and told him and his companions to lie on the ground.

Detective Vignes demanded to know where the rest of the drugs were. He and other officers looked inside of the Ford, but did not find any contraband. A dog arrived and inspected the car. The officers recovered about seven grams of crack cocaine. Melancon denied that he was in the parking lot to participate in a drug transaction. He testified there was no cocaine in the car prior to the police search, and that Vignes planted the cocaine on his person and in the car.

In his lone assignment of error, Melancon complains the investigatory stop conducted by Detective Vignes was invalid, arguing that the officer acted upon an uncorroborated tip from an unidentified informant, and, therefore, the evidence seized pursuant to that stop should have been suppressed. Melancon does not challenge the sufficiency of the evidence as to the element of distribution.

The Fourth Amendment to the United States Constitution and Article I, Section V of the Louisiana Constitution prohibit unreasonable searches and seizures.[5] However, the right of law enforcement officers to stop and interrogate one reasonably suspected of criminal behavior is recognized by state and federal jurisprudence.[6]*229 The Terry standard is codified in LSA-C.Cr.P. art. 215.1, which allows a police officer "to stop a person in a public place whom he reasonably suspects is committing, has committed, or is about to commit an offense" and to demand that the person identify himself and explain his actions.

Reasonable suspicion for an investigatory stop is something less than probable cause, and must be determined under the facts of each case by whether the officer had sufficient knowledge of the facts and circumstances to justify an infringement on the individual's right to be free from governmental interference.[7] Absent reasonable suspicion, an investigatory stop is illegal, and the evidence seized is suppressible.

An informant's tip may provide reasonable suspicion for an investigatory stop if it accurately predicts future conduct in sufficient detail to support a reasonable belief that the informant had reliable information regarding the suspect's illegal activity.[8]

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Bluebook (online)
860 So. 2d 225, 2003 WL 22439306, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-melancon-lactapp-2003.