State v. Porterfield

524 So. 2d 1363, 1988 WL 35575
CourtLouisiana Court of Appeal
DecidedApril 19, 1988
DocketKA 87 0852
StatusPublished
Cited by7 cases

This text of 524 So. 2d 1363 (State v. Porterfield) 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. Porterfield, 524 So. 2d 1363, 1988 WL 35575 (La. Ct. App. 1988).

Opinion

524 So.2d 1363 (1988)

STATE of Louisiana
v.
John PORTERFIELD.

No. KA 87 0852.

Court of Appeal of Louisiana, First Circuit.

April 19, 1988.

*1365 Bryan Bush, Dist. Atty. by Richard Johnson, Asst. Dist. Atty., Baton Rouge, for plaintiff/appellee.

Richard Brazau, Jr., Baton Rouge, for defendant/appellant.

Before SHORTESS, LANIER and CRAIN, JJ.

LANIER, Judge.

The defendant, John Porterfield, was charged by a bill of information with possession of 28 grams or more of cocaine, a violation of La.R.S. 40:967(F). Defendant pled not guilty and filed a motion to suppress. Following extensive hearings, the motion to suppress was denied. Defendant pled guilty to possession of cocaine with intent to distribute, a violation of La.R.S. 40:967(A)(1), expressly reserving his right to appeal the adverse ruling on the motion to suppress. State v. Crosby, 338 So.2d 584 (La.1976). The trial court, pursuant to La.C.Cr.P. art. 893, deferred imposition of sentence and placed the defendant on supervised probation for a period of two years under the general terms and conditions of probation set forth in La.C.Cr.P. art. 895 and the following special terms and conditions: (1) pay $15 per month to defray the cost of probation; (2) be evaluated and treated (if necessary) at a substance abuse clinic; (3) submit to periodic drug screening at his own expense; (4) perform fifty hours of community service; and (5) participate in Lawyers for Louisiana.

FACTS

Approximately six to eight weeks prior to defendant's arrest, a confidential informant began relaying information to Lieutenant Bud Connor of the East Baton Rouge Parish Sheriff's Office. Lieutenant Connor testified that this informant's information spearheaded approximately a dozen investigations including, to the best of his knowledge, one arrest. The information included specific names, addresses, and locations of various drug traffickers personally known to the informant. All of the information was later corroborated through independent investigation. In addition, Lieutenant Connor testified that a second informant, who was also familiar with defendant and his drug trafficking, gave Connor information about defendant which specifically corroborated that which was given to him by the first informant.

On April 22, 1985, the first informant told Lieutenant Connor that Porterfield was en route to Crowley to pick up an ounce or more of cocaine, which was to be later delivered to a Pat Gremillion. The informant had personal knowledge of these facts. The informant also provided Lieutenant Connor with a description of defendant's clothing, his automobile and his route of departure from Baton Rouge. Based on this tip, defendant was followed by several agents in unmarked cars and was observed driving his black BMW automobile to a truck stop located at mile marker number 80 on Interstate 10 near the Crowley exit. Defendant met an individual, later identified as Chris Phillips, in the parking lot of a truck stop. After making several nervous glances around the parking lot, Phillips got into defendant's car. At that point, the two men made what was characterized by Lieutenant Connor as a "heat check." Defendant drove his car to the next exit, made a U-turn, and then returned to the parking lot. Lieutenant Connor testified that such a brief detour or excursion is commonly used by drug traffickers to try and lure police surveillance personnel so that they can be more easily detected. When they returned to the truck stop, defendant backed his car next to Phillips' car and both sat there a short while. Phillips then exited defendant's car and went to the trunk of his car where he pulled out a brown paper bag that was later shown to contain an ounce of cocaine. Phillips then handed the paper bag to defendant. After taking the *1366 bag from Phillips, defendant got back on the interstate and headed east at a high rate of speed (in excess of 100 miles per hour) toward Baton Rouge. On the return trip, defendant stopped at a rest stop and was observed by one officer performing acts which were consistent with "snorting" cocaine. Shortly after defendant crossed the Mississippi River Bridge, he was stopped by members of the surveillance team. Lieutenant Connor radioed the two lead cars, driven by Deputies Jenkins and Butler, and ordered them to pull over defendant's vehicle at the first opportunity. Moments after the initial stop, Lieutenant Connor arrived at the scene and identified himself as a law enforcement officer. In the course of advising defendant of his Miranda rights, Lieutenant Connor informed defendant that he was under investigation for narcotics trafficking. Thereafter, defendant signed a waiver of search form. The officer conducting the search found approximately one-half gram of substance believed to be cocaine located within a cassette tape case in an elasticized pouch area on the driver's side door. At that point, defendant was placed formally under arrest for possession of cocaine. Lieutenant Connor then found a brown paper bag inside a magazine compartment located at the rear of the front passenger seat. This paper bag contained an ounce of a substance later determined to be cocaine. Following seizure of the cocaine, defendant was transported to the sheriff's office. After having been again advised of his Miranda rights, defendant gave a taped statement detailing his role in this drug trafficking scheme.

MOTION TO SUPPRESS

(Assignment of Error 1)

Defendant contends that the trial court erred by failing to grant his motion to suppress. Defendant asserts he was being illegally detained when he consented to the instant search and his consent was tainted by that illegality.

The state bears the burden of proving the admissibility of evidence seized during a search without a warrant. La.C. Cr.P. art. 703(D). A search conducted without a warrant is per se unreasonable under the fourth amendment, subject only to a few specifically established and well-delineated exceptions. Schneckloth v. Bustamonte, 412 U.S. 218, 93 S.Ct. 2041, 36 L.Ed.2d 854 (1973); Coolidge v. New Hampshire, 403 U.S. 443, 91 S.Ct. 2022, 29 L.Ed.2d 564 (1971). One of these is the "automobile" exception which is based upon the existence of probable cause to search the vehicle and exigent circumstances which render it impractical to secure a warrant. United States v. Ross, 456 U.S. 798, 102 S.Ct. 2157, 72 L.Ed.2d 572 (1982); Chambers v. Maroney, 399 U.S. 42, 90 S.Ct. 1975, 26 L.Ed.2d 419 (1970). A second exception to the rule is that a search may be conducted without a warrant when it is an incident to a lawful arrest. Chimel v. California, 395 U.S. 752, 89 S.Ct. 2034, 23 L.Ed.2d 685 (1969). When the occupant of an automobile is arrested, the police, as a contemporaneous incident of that arrest, may search the passenger compartment of the automobile. New York v. Belton, 453 U.S. 454, 101 S.Ct. 2860, 69 L.Ed.2d 768 (1981); State v. Singletary, 442 So.2d 707 (La.App. 1st Cir.1983).

An arrest is defined in La.C.Cr.P. art. 201 as follows:

Arrest is the taking of one person into custody by another.

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Cite This Page — Counsel Stack

Bluebook (online)
524 So. 2d 1363, 1988 WL 35575, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-porterfield-lactapp-1988.