State v. Pollard

640 So. 2d 882, 1994 WL 370888
CourtLouisiana Court of Appeal
DecidedJuly 14, 1994
Docket93-KA-1960
StatusPublished
Cited by14 cases

This text of 640 So. 2d 882 (State v. Pollard) 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. Pollard, 640 So. 2d 882, 1994 WL 370888 (La. Ct. App. 1994).

Opinion

640 So.2d 882 (1994)

STATE of Louisiana
v.
Shawn A. POLLARD.

No. 93-KA-1960.

Court of Appeal of Louisiana, Fourth Circuit.

July 14, 1994.

*883 Harry Connick, Dist. Atty., Susan M. Erlanger, Asst. Dist. Atty., New Orleans, for appellee.

Bruce G. Whittaker, New Orleans, for appellant.

Before BARRY, BYRNES and ARMSTRONG, JJ.

BYRNES, Judge.

Shawn Pollard appeals his convictions and sentences for distribution of cocaine and possession of cocaine in violation of LSA-R.S. 40:967, as well as his conviction and sentence as a third offender pursuant to LSA-R.S. 15:529.1. We affirm.

Upon receiving information about narcotic trafficking involving Pollard, on September 25, 1991 Detective Stephen Imbragulio and Officer Eric Hessler set up a surveillance of 1702 Joliet Street, alleged to be Pollard's residence, and an apartment building at 8500 Hickory Street, known as the Hickory Plaza apartments. The officers had a clear view of both locations, and occasionally enhanced their view with binoculars.

At approximately 2:10 in the afternoon, the officers observed the defendant Pollard and the co-defendant, John Roby, leave the residence on Joliet Street and walk to the Hickory Plaza apartments. They saw the two men meet three other men on bicycles and talk for a short time. Pollard and Roby then went back to 1702 Joliet Street, returning about twenty minutes later, where they again talked with the men on bicycles. The bicycle riders then rode away in different directions.

*884 At approximately 2:35 p.m., the officers saw a male approach Roby. An apparent narcotics transaction occurred. The officers saw the male hand John Roby currency; Roby took an object from his mouth and handed it to the other man, who then left. At the time of this activity, Pollard was sitting on some steps next to the apartment complex about fifteen feet away. The officers next saw a blue station wagon enter the block. The driver got out, walked over to Roby, exchanged currency for an object Roby took out of his mouth, and then returned to his vehicle and departed. Over the next twenty-five minutes, the officers observed three more narcotic transactions in which Roby exchanged currency from third parties for objects he took from his mouth.

During this period of the surveillance, the narcotics officers attempted to contact other police officers who could stop and search one of the people observed making a transaction and thereby verify that a narcotics purchase had occurred. At first no other officers were free to assist. Finally, Detectives Williams and Thomas radioed that they were on the way. Detectives Imbragulio and Hessler continued their surveillance, and at 3:10 p.m. they saw a heavy-set man dressed in a black shirt and brown pants enter the block. The man handed John Roby currency; Roby again reached in his mouth and removed an object which he passed to the man. During the transactions, Pollard had been either sitting on the steps or was standing by Roby. After Pollard engaged in conversation with Roby and the heavy-set man, Roby entered the apartment complex, out of sight of the officers, while Pollard stayed with the heavy-set man. A couple of minutes later, Roby returned and handed the heavy-set man another object. The heavy-set man then walked away.

Detectives Imbragulio and Hessler radioed the back-up detectives about what they had witnessed and asked them to stop the heavy-set man, whose name was later learned to be Johnny Moore. Detectives Joseph Thomas and Joel Williams stopped and searched Moore based on the description and information that they received by radio. They discovered one piece of crack cocaine in his left front pants pocket and a small quantity of marijuana in his rear pants pocket.

While Johnny Moore was being arrested, Detectives Imbragulio and Hessler continued their surveillance of Roby and Pollard. They observed John Roby return to the residence at 1702 Joliet Street; Pollard remained in front of the Hickory Plaza apartments. Different people approached Pollard during this time, but no drug transactions occurred, and the third persons left the area. After John Roby returned, the officers saw the defendant motion his hand across the street, although the officers could not see anyone to whom the defendant may have been signaling. The officers did see a male appear and approach John Roby. Another apparent narcotics transaction occurred. The male who engaged in the transaction with Roby had previously approached Pollard.

The detectives also observed two more narcotics transactions. At 3:55 p.m., approximately, they saw John Roby reach into his pocket and hand a wad of currency to Pollard. Pollard walked to 1702 Joliet while apparently counting the money. John Roby stayed in the area, engaging in a football game. The defendant returned a few minutes later.

After Detectives Thomas and Williams arrested the heavy-set man, Johnny Moore, they transported him to the Narcotic Annex Office where they completed necessary paperwork. They then returned to the area where the other officers were continuing surveillance. Detectives Thomas and Williams then arrested John Roby and Shawn Pollard, based upon descriptions provided by Detective Imbragulio, and at his request. A search of both men was negative for drugs or money.

After the defendant and John Roby were arrested, the detectives saw a man, who previously had spoken to the co-defendants on a bicycle. As he was going towards 1702 Joliet Street, the officers feared that the bicyclist was going to warn someone who might be at the residence so the detectives went to the house. Outside the house they encountered Denise Roby, wife of John Roby. Detective Imbragulio and Hessler asked about possible occupants of the house and were told that *885 only a small child was inside. Deciding to secure the house, the officers asked Mrs. Roby to remove a large dog from inside the house to the backyard. At first Ms. Roby was unable to do so. After Detectives Thomas and Williams took Roby and Pollard to the house, Pollard was also asked to get the dog out and was unable to do so. Mrs. Roby then pulled the dog out of the house by its collar.

The police and the defendants went into the house. Shawn Pollard was advised that he was under arrest for narcotics violations and that the officers intended to obtain a search warrant for the residence. Pollard advised the officers that he had some money in the house but that there were no narcotics or anything else there. The defendant signed a consent to search form, and then he led Detectives Hessler and Thomas to a back bedroom to show them where the money was. The officers retrieved what was described as a tin can or box from under a small bed; the can contained approximately $4,410 in currency. A subsequent search of the entire house led to the discovery and seizure of narcotics which were concealed inside a wicker basket that was hanging on the wall of the same bedroom where the money was found. The cocaine was inside a white Woolworth's bag, then further wrapped inside nine plastic bags, and further broken into individual pieces of rock cocaine each wrapped in a piece of plastic. The cocaine's total weight was approximately 124 grams.

The officers found a voter's registration card in the bedroom; it bore Shawn Pollard's name. A beeper was removed from the defendant as well. A scanner and a set of walkie talkies were also discovered in the house and seized.

Mary Williams, mother of the defendant Shawn Pollard, testified on his behalf. She stated that she resided at 1702 Joliet Street and had done so at the time of the defendant's arrest.

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Cite This Page — Counsel Stack

Bluebook (online)
640 So. 2d 882, 1994 WL 370888, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-pollard-lactapp-1994.