State v. Ortiz

637 So. 2d 1134, 93 La.App. 4 Cir. 2049, 1994 La. App. LEXIS 1483, 1994 WL 187856
CourtLouisiana Court of Appeal
DecidedMay 17, 1994
DocketNos. 93-K-2049, 94-K-0461
StatusPublished

This text of 637 So. 2d 1134 (State v. Ortiz) 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. Ortiz, 637 So. 2d 1134, 93 La.App. 4 Cir. 2049, 1994 La. App. LEXIS 1483, 1994 WL 187856 (La. Ct. App. 1994).

Opinions

BYRNES, Judge.

On remand from the Supreme Court of Louisiana, relator’s application for writ of certiorari and prohibition is granted for consideration of the merits of the state’s claim [1135]*1135that the trial court erred in granting the defendants’ motion to suppress evidence.

On June 15, 1993, Officer Keith Simone of the Jefferson Parish Sheriffs Office received information from a detective with the Houston Police Department Airport and Bus Station Interdiction Group concerning two men who had purchased bus tickets from Jacinto City, Texas to Cleveland, Ohio. The detective described the men and indicated that he had become suspicious of them because they had insisted that they did not want to be routed through Houston but instead wanted to be routed through New Orleans, even though such routing would take considerably longer. In addition to the carry-on bags the men had, they had also checked a suitcase, the description and tag number of which the detective gave Officer Simone. The detective told Officer Simone that this information had come from a confidential, reliable informant. Officer Simone testified that he personally knew that the Houston Police Department was very active at the Houston bus station and had made many arrests there.

I aOfficer Simone, Special Agent Mike Steadman, and Drug Enforcement Administration Special Agent Don Penney went to the New Orleans bus station. At approximately 7:15 p.m., the bus upon which the suspects had purchased tickets arrived, and as the officers watched, they saw two men get off the bus who matched the description given by the Houston detective. The defendants, Alberto Ortiz and Juan Dehoyos, were stopped by the officers as they entered the bus station and were asked to produce their bus tickets and identification. After the defendants produced these items, the officers then asked the defendants the purpose of their trip to Cleveland. Although the defendants told the officers they were going there to visit friends, they would not identify these friends. The defendants became increasingly nervous, and one of them asked the purpose of the questioning. The officers told them they were narcotics investigators and asked to search the defendants’ hand luggage. With the defendants’ consent, a search of this luggage revealed no contraband. The officers then asked the subjects if they had cheeked a suitcase on the bus. The defendants denied doing so, contending that their only luggage was their carry-on bags.

Officer Simone then retrieved the suspected suitcase, which had been taken off the bus by the bus company. He took the suitcase back into the bus station, placed it before the defendants, and asked them if it belonged to either one of them. They both denied any knowledge of the suitcase. The defendants were then informed that they were being detained, they were advised of their rights, and they were escorted to the police room of the bus station. There, they consented to a search, and they emptied their | spockets. A search of Ortiz revealed several Greyhound Bus name tags with the same name given on the suspicious suitcase which had been retrieved from the bus. However, no keys for the locked suitcase were found on either defendant. The defendants again were asked about ownership of the suitcase, and again they denied any knowledge of it. The officers opened the suitcase and found inside it four rectangular-shaped packages smeared with grease and wrapped in cellophane. Inside each package was marijuana. The defendants were then placed under arrest.

Defendants were charged with possession with intent to distribute marijuana in violation of LSA-R.S. 40:966(A)(2). After a motion hearing on September 1, 1993, in which Detective Simone testified, the trial court found probable cause but on September 28, 1993, the trial court granted defendant’s motion to suppress the evidence. After this court denied the state’s application for writs, the Louisiana Supreme Court granted the state’s application for writs on February 25, 1994 and remanded the matter to this court for briefing and argument, 632 So.2d 759.

On the motion to suppress evidence, the following issues are presented: (1) whether the officers had reasonable suspicion of criminal activity to justify an investigatory stop; (2) whether the officers had probable cause to detain the defendants and escort them to the police room at the bus station; and (3) whether the suitcase was legally searched and seized.

LSA-C.Cr.P. art. 215.1(A) provides:

A. A law enforcement officer may stop a person in a public place whom he reason[1136]*1136ably suspects is committing, has committed, or is about to commit an 1¿offense and may demand of him his name, address, and an explanation of his actions.

In State v. Johnson, 557 So.2d 1030, 1033 (La.App. 4th Cir.1990), this court noted:

“Reasonable suspicion” is something less than the probable cause required for an arrest, and the reviewing court must look to the facts and circumstances of each case to determine whether the detaining officer had sufficient facts within his knowledge to justify an infringement of the suspect’s rights....

See also Terry v. Ohio, 392 U.S. 1, 88 S.Ct. 1868, 20 L.Ed.2d 889 (1968); State v. Carey, 609 So.2d 897 (La.App. 4th Cir.1992).

In State v. Moreno, 619 So.2d 62 (La.1993), although the Louisiana Supreme Court held that the police officers did not have probable cause to arrest Ms. Moreno at the airport based on her refusal to submit to a body search without a warrant, the Louisiana Supreme Court found that the officers “were justified only in using the least intrusive means reasonably available to verify or dispel the suspicion in a short period of time” 1 based on the following: Ms. Moreno possibly had used a ticket originally issued to another person; she had no luggage; and she looked over her shoulder a couple of times while the officers followed her.

In the present case the local police detectives were justified in making an investigatory stop which requires a reasonable suspicion of criminal activity based on the following facts: A reliable confidential informant, who had provided reliable information about drug cases in the past to the Texas police, gave distinct descriptions of the two Spanish males, their time oflsarrival, number of bags carried on and checked. The Texas police data supported the informant’s information in their detailed description of the defendants, including their names. Additional information included the fact that when the subjects purchased one-way cash tickets from Jacinto City, Texas to Cleveland, Ohio, the defendants insisted that they did not want to go through Houston although Jacinto City is close to the Houston area. Considering that Detective Simone indicated that he had personal knowledge that the Houston Police Department was active at the bus station and they made numerous drug arrests, Detective Simone testified that the fact that the subjects wanted to take a much longer alternate route to Cleveland aroused the suspicion of the officers when the subjects insisted that they did not want to go through Houston. Although Detective Simone did not know if the defendants planned to stay in New Orleans before going to Cleveland, Detective Simone recalled that the subjects had an hour-and-a-half layover in New Orleans before boarding another bus to proceed to Cleveland.

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Bluebook (online)
637 So. 2d 1134, 93 La.App. 4 Cir. 2049, 1994 La. App. LEXIS 1483, 1994 WL 187856, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-ortiz-lactapp-1994.