State v. Purvis

684 So. 2d 567, 1996 WL 709734
CourtLouisiana Court of Appeal
DecidedDecember 11, 1996
Docket96-787
StatusPublished
Cited by14 cases

This text of 684 So. 2d 567 (State v. Purvis) 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. Purvis, 684 So. 2d 567, 1996 WL 709734 (La. Ct. App. 1996).

Opinion

684 So.2d 567 (1996)

STATE of Louisiana, Plaintiff-Appellee,
v.
Demond Issac PURVIS, Defendant-Appellant.

No. 96-787.

Court of Appeal of Louisiana, Third Circuit.

December 11, 1996.

*568 Glenn G. Cortell, Charles F. Wagner, District Attorney, for State of Louisiana.

Michael Brewer, Alexandria, for Demond Issac Purvis.

Before THIBODEAUX, PETERS, and GREMILLION, JJ.

GREMILLION, Judge.

Defendant, Demond Issac Purvis, was charged by bill of information on March 20, 1995, with possession of between 28 to 200 grams of a controlled dangerous substance, a violation of La.R.S. 40:967 F(1)(a). Defendant waived formal arraignment and entered a plea of not guilty on April 28, 1995. A jury convicted defendant on December 13, 1995. On March 1, 1996, defendant was sentenced to seven years at hard labor without benefit of parole. Defendant now appeals his conviction, alleging that the trial court erred in denying his motion to suppress evidence.

FACTS

On February 9, 1995, at approximately 7:00 p.m., Officers Robert Strother and Daniel Joffrion of the Alexandria Police Department were patrolling the twelve hundred block of Magnolia Street, a high crime drug area. They observed defendant and Charles Dupars, a/k/a Willie Jenkins, enter a taxicab. Officer Strother recognized defendant because he had arrested him before. The officers followed the cab because they thought it was unusual that defendant was outside of his known area and they had never seen him in a cab before. The officers turned onto a side road and Officer Joffrion got out of the patrol car and walked up the street in order to observe the cab. Officer Joffrion saw two black males get into the cab. As the officers continued to follow the cab, they noticed the light on its license plate was not shining. *569 Based on their previous history with defendant, they called for backup units before they stopped the cab. They then stopped the cab for the traffic violation.

As Officer Strother was talking to the cab driver, Walter Tiffy, at the rear of the vehicle, he observed that Dupars was staring at him and sweating. Meanwhile, Officer Joffrion was observing the defendant. Officer Strother asked Dupars to step out of the vehicle. According to Officer Strother, Dupars was highly nervous and was shaking in a manner similar to a semi-epileptic seizure. Officer Strother then conducted a pat down of Dupars. As he was leaning down to frisk Dupars, he saw a plastic bag containing a white object in the pocket of Dupars' flight jacket which was later determined to be crack cocaine. Officer Strother asked Dupars who owned the contraband. Dupars told him it belonged to defendant who was still in the cab. Officer Joffrion then searched defendant, but did not discover any other contraband. Officer Strother arrested Dupars and defendant for possession of crack cocaine.

ASSIGNMENT OF ERROR

Defendant contends the trial court erred in denying his motion to suppress the evidence. He first argues the officers had no legal basis to stop the taxicab. He contends the fact that the license plate light was dim from a distance of ninety feet did not violate La.R.S. 32:304(C) which requires that the license plate be visible from a distance of fifty feet to the rear. The defendant further asserts that Officer Strother conceded he could possibly read the numbers on the license plate at the point when he activated his blue lights and could read the license plate when he stopped the vehicle. Under Article 1, § 5 of the Louisiana Constitution, any party adversely affected by an illegal search or seizure, has standing to raise the illegality of the search. State v. Gibson, 391 So.2d 421 (La.1980); State v. Owen, 453 So.2d 1202 (La.1984); State v. Smith, 546 So.2d 538 (La.App. 1 Cir.1989), writ denied, 552 So.2d 393 (La.1989). Therefore, defendant has standing to raise a possible violation of the constitutional rights of the cab driver.

When the trial court issues a ruling on a defendant's motion to suppress, the appellate court looks at the totality of the evidence presented at the hearing on the motion to suppress. The appellate court should not overturn a ruling unless the trial court's conclusions are not supported by the evidence or there exists a palpable or obvious abuse of discretion. State v. Burkhalter, 428 So.2d 449 (La.1983), and State v. Rios, 528 So.2d 163 (La.App. 3 Cir.), writ denied, 530 So.2d 83 (La.1988).

An individual cannot be stopped in his automobile by a police officer, without a warrant, unless the officer has a reasonable suspicion that the individual has committed, is committing, or is about to commit a criminal offense, including the violation of a traffic regulation. Delaware v. Prouse, 440 U.S. 648, 99 S.Ct. 1391, 59 L.Ed.2d 660, (1979); State v. Matthews, 366 So.2d 1348 (La.1978); State v. Dillon, 95-884 (La.App. 3 Cir. 1/31/96); 670 So.2d 278; State v. Fisher, 94-603 (La.App. 3 Cir. 11/2/94); 649 So.2d 604, writ denied, 94-2930 (La.4/7/95); 652 So.2d 1344. Officer Strother testified at the suppression hearing that he was about ninety feet away from the taxicab when he first observed the traffic violation. Officer Joffrion testified the license plate light was burning but the light had been painted yellow and was so dim it could not be seen. The question of whether or not the light was visible from a distance of ninety feet or fifty feet is irrelevant since the trial judge necessarily must have considered the initial stop to be legally valid and determined the officers had reasonable suspicion that the taxicab driver was violating a traffic regulation. We agree. La.R.S. 32:304(C) provides in pertinent part:

Either a tail lamp or a separate lamp shall be so constructed and placed as to illuminate with a white light the rear registration plate and render it clearly legible from a distance of 50 feet to the rear. (emphasis added).

The trial court gave credence to the testimony of the officers. It is within the trial court's discretion to make factual determinations based upon the credibility of the witnesses. *570 Those determinations are not to be disturbed on appeal absent a showing of clear abuse of discretion. State v. Robertson, 421 So.2d 843 (La.1982); Fisher, 649 So.2d 604. We hold there was a technical violation, however slight, of La.R.S. 32:304(C) and, therefore, find the trial court did not commit error in holding the stop to be constitutionally valid.

Defendant next contends the officers were unjustified in removing Dupars from the taxicab. As stated previously, Article 1, § 5 of the Louisiana Constitution allows any party adversely affected by an illegal search or seizure to raise the illegality of the search. Thus, defendant has standing to raise a possible violation of Dupars' constitutional rights because the discovery of the contraband in his possession led to defendant's arrest. Defendant urges that while the officers' stated reason for removing Dupars was for the purpose of identification, the fact that the officers did not request identification from Dupars suggests the officers' true intent was to search the occupants of the vehicle. Defendant contends State v. Landry, 588 So.2d 345 (La.1991) is the applicable case law.

In Landry, the Louisiana Supreme Court ruled that a police officer has the authority to order a passenger out of a vehicle while speaking with the driver.

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Cite This Page — Counsel Stack

Bluebook (online)
684 So. 2d 567, 1996 WL 709734, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-purvis-lactapp-1996.