State v. Morvant

384 So. 2d 765
CourtSupreme Court of Louisiana
DecidedMay 19, 1980
Docket66221
StatusPublished
Cited by48 cases

This text of 384 So. 2d 765 (State v. Morvant) is published on Counsel Stack Legal Research, covering Supreme Court of Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Morvant, 384 So. 2d 765 (La. 1980).

Opinion

384 So.2d 765 (1980)

STATE of Louisiana
v.
Robert J. MORVANT, Alfonse Campos and Bobbie Agent.

No. 66221.

Supreme Court of Louisiana.

May 19, 1980.
Rehearing Denied June 23, 1980.

*766 Owen J. Bordelon, Jr., Gretna, for defendants-respondents Robert J. Morvant and Alfonse Campos.

Douglas Wayne Mancuso, Metairie, for defendant-respondent Bobbie Agent.

William J. Guste, Jr., Atty. Gen., Barbara Rutledge, Asst. Atty. Gen., John M. Mamoulides, Dist. Atty., Abbott J. Reeves, Harry Hardin, Asst. Dist. Attys., for plaintiff-relator.

*767 DIXON, Chief Justice.[*]

This case is before us on writs granted at the application of the state. The defendants, Robert Morvant, Alfonse Campos and Bobbie Agent, are charged by bill of information with the theft of $5000. Agent is also charged individually with the theft of an additional $3354. The purpose of the state's application for writs was to seek review of the action of the trial court in granting a defense motion to suppress statements made to the police and physical evidence that had been seized.

The record indicates that on April 26, 1978 Rodney Leonard and Robert Carroway, representatives of Norvell Wilder Supply Company, made a complaint to Detective Bond of the Jefferson Parish Sheriff's Office alleging that their firm had been the victim of theft, perpetuated by the defendants Morvant (a Norvell Wilder employee) and Campos (a former employee). The alleged thefts involved a scheme to defraud the company through phony transactions involving fictitious invoices.

Acting on the information given by Leonard and Carroway, Detective Bond, with two other officers, went to Morvant's office at Norvell Wilder at 7:55 a. m. on April 27; after identifying themselves as police officers and informing Morvant that they were investigating an internal theft at Norvell Wilder, they requested that Morvant accompany them to the sheriff's office. Morvant agreed, and was driven to the station in an unmarked police car. At the station he made a statement implicating himself and the other defendants. As a result, the other two defendants were arrested. Subsequent to his arrest, Agent made an inculpatory statement. In addition, Morvant signed a written consent to the search of the Warehouse of Wetlands Oil & Industrial Supply Company, Inc., a business run by him and Campos. A search of the warehouse resulted in the seizure of a number of items by the police.

Campos and Morvant argue that the action of the detective in requesting that Morvant accompany the officers to the station amounted under the circumstances to an arrest, unsupported by probable cause, and that, therefore, the statements made by the defendants, and the physical evidence seized in the search of the warehouse, must be suppressed as the fruits of an illegal arrest. To determine the validity of the defendants' claim, we must first determine if the defendant Morvant was arrested when he was picked up by the police, and, if so, whether the arrest was supported by probable cause.

C.Cr.P. 201 provides:
"Arrest is the taking of one person into custody by another. To constitute arrest there must be an actual restraint of the person. The restraint may be imposed by force or may result from the submission of the person arrested to the custody of the one arresting him."

This court has held that the definition of arrest is keyed to the concept of restraint. The circumstances indicating an intent to effect a restraint on the liberty of an accused, rather than the precise timing of the words "you are under arrest," determine when an arrest has been made. State v. Tomasetti, 381 So.2d 420 (La.1980); State v. Mendoza, 376 So.2d 139 (La.1979); State v. Rawls, 376 So.2d 117 (La.1979). In the instant case, the detectives identified themselves and showed the defendant their credentials. They advised Morvant that they were investigating a theft at Norvell Wilder. Morvant was transported to the sheriff's office in a police car, after being requested to accompany the officers and not being informed that he could refuse to do so. The arrest register, reflecting information supplied by the arresting officer, indicated that Morvant had been placed under arrest at 7:55 a. m., the time that the officers approached him at work. Under the circumstances, we cannot say that the trial court erred in concluding that the officers *768 had the intent to restrain the defendant and actually did so.

A warrantless arrest must be based on probable cause. State v. Simms, 381 So.2d 472 (La.1980); State v. Tomasetti, supra; State v. Mendoza, supra. Probable cause exists when the facts and circumstances within the arresting officer's knowledge and of which he has reasonable and trustworthy information are sufficient to justify a man of average caution in the belief that the person to be arrested has committed or is committing an offense. State v. Simms, supra; State v. Tomasetti, supra; State v. Mendoza, supra.

At the hearing, Detectine Bond testified about the facts he knew at the time he picked up Morvant. He stated that Leonard and Carroway had come to the station and reported seventeen transactions in which they believed fraud and theft had occurred. The company representatives and the detective went over each transaction, with the representatives explaining what they believed had occurred in each, and providing documentation to back up those beliefs. The two men told Bond that Morvant and Campos had formed a company in competition with Norvell Wilder, while Morvant was still working for that firm. Further, they reported that Morvant had on numerous occasions requested a secretary to write company checks out to cash, in violation of company policy. Those checks were "backed up by bogus invoices" from J. Ray McDermott Company. As an example, Detective Bond related one incident in which a check for $300 was requested to be made out for cash, for the purchase of equipment, backed up by a phony invoice. In substance, then, the representatives of Norvell Wilder reported to the police that Morvant had caused checks to be issued to cash, contrary to company policy, in order to satisfy falsified invoices.

The main thrust of the defendants' (Morvant and Campos) argument that the above facts did not amount to probable cause is that Detective Bond relied solely on the statements of the company representatives as to the facts that a theft had occurred and that Morvant was involved. The defendants point out that the detective admitted that he had relied on the representations of the Norvell Wilder employees concerning the meaning of the documentation they showed him. In particular, the officer relied on them as to the falsity of the J. Ray McDermott invoices, without independent investigation or checking with J. Ray McDermott. The defendants argue that the reliance on the Norvell Wilder representatives concerning the commission of the offense and the defendants' involvement was unjustified without independent investigation to corroborate their allegations.

Probable cause, however, need not be based on an officer's personal knowledge. An officer can act on knowledge supplied by a person, even if the identity of the informant is kept confidential. State v. Rudolph, 369 So.2d 1320 (La.1979); State v. Gipson, 359 So.2d 87 (La.1978); State v. Marks, 337 So.2d 1177 (La.1976). In State v. Paciera, 290 So.2d 681 (La.1974), this court, following Aguilar v. Texas,

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

Related

State of Louisiana v. Joshua Darelle Lewis
Louisiana Court of Appeal, 2020
State v. Harrington
129 So. 3d 38 (Louisiana Court of Appeal, 2013)
State of Louisiana v. Brady J. Harrington
Louisiana Court of Appeal, 2013
State of Louisiana v. Rasheed Ali Sterling
Louisiana Court of Appeal, 2012
State v. Boyer
56 So. 3d 1119 (Louisiana Court of Appeal, 2011)
State of Louisiana v. Jonathan Edward Boyer
Louisiana Court of Appeal, 2011
State v. Wright
978 So. 2d 1062 (Louisiana Court of Appeal, 2008)
State v. Brown
965 So. 2d 580 (Louisiana Court of Appeal, 2007)
State v. Allen
942 So. 2d 1244 (Louisiana Court of Appeal, 2006)
State v. Robertson
927 So. 2d 629 (Louisiana Court of Appeal, 2006)
State v. Roshell
916 So. 2d 1268 (Louisiana Court of Appeal, 2005)
State v. Bowers
909 So. 2d 1038 (Louisiana Court of Appeal, 2005)
State v. Turner
859 So. 2d 911 (Louisiana Court of Appeal, 2003)
State v. McLelland
860 So. 2d 31 (Louisiana Court of Appeal, 2003)
State v. George
855 So. 2d 861 (Louisiana Court of Appeal, 2003)
State v. Trotter
852 So. 2d 1247 (Louisiana Court of Appeal, 2003)
State v. Holloway
847 So. 2d 200 (Louisiana Court of Appeal, 2003)
State v. Nightengale
818 So. 2d 819 (Louisiana Court of Appeal, 2002)

Cite This Page — Counsel Stack

Bluebook (online)
384 So. 2d 765, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-morvant-la-1980.