State v. Ragsdale

381 So. 2d 492
CourtSupreme Court of Louisiana
DecidedMarch 3, 1980
Docket65764
StatusPublished
Cited by53 cases

This text of 381 So. 2d 492 (State v. Ragsdale) 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. Ragsdale, 381 So. 2d 492 (La. 1980).

Opinion

381 So.2d 492 (1980)

STATE of Louisiana
v.
Stephen RAGSDALE.

No. 65764.

Supreme Court of Louisiana.

March 3, 1980.

*493 Jeanette G. Garrett, New Orleans, Caddo Parish Indigent Defender Office, for defendant-appellant.

William J. Guste, Jr., Atty. Gen., Barbara Rutledge, Asst. Atty. Gen., Paul J. Carmouche, Dist. Atty., Ronald R. Inderbitzin, Asst. Dist. Atty., for plaintiff-appellee.

BLANCHE, Justice.[*]

Defendant, Stephen Ragsdale, was charged by bill of information with possession of methamphetamine in violation of La.R.S. 40:967. He pleaded not guilty and filed a motion to suppress the introduction of the methamphetamine into evidence on the basis that it was obtained by means of an illegal search and seizure. Following the trial court's denial of the motion to suppress, defendant withdrew his plea of not guilty and entered a plea of guilty, reserving his right to appeal the trial court's ruling on the motion to suppress. The trial judge subsequently sentenced defendant to eighteen months at hard labor.

*494 I. FACTS.

The following facts were ascertained at the hearing on the motion to suppress. In 1977, the defendant was convicted of possession of marijuana with intent to distribute. His sentence of five years was suspended, and he was placed on probation on the condition that he undergo drug treatment at a facility in New Orleans. Defendant absconded, and as a result, a warrant was issued for his arrest.

In September, 1978, a confidential informer told a Probation Officer Wyche that defendant had a girlfriend named Cindy Light who lived in Shreveport. Ms. Light was interviewed and admitted knowing defendant, but claimed she no longer associated with him.

In April, 1979, Probation Officer Wyche again spoke with the confidential informer. The informer stated that the defendant was staying in Bossier City with a Mr. Hawthorne. On the following day, the informer told Wyche that defendant might be staying at the Southside Villa Apartments with a man named "Scott" who drove a red, dirty-looking Volkswagen.

The evening, Probation Officer Wyche and plain-clothes Shreveport policemen followed Ms. Light from her place of employment. She drove past the Southside Villa Apartments into a housing subdivision, doubled back, and entered the Southside Villa Apartments. None of the officers saw what apartment she entered.

After this observation, Detective Wyche, Probation Officer Wyche's brother, spoke with the confidential informer at an unspecified location. The informer again stated that defendant was possibly staying at the Southside Villa Apartments with a friend named "Scott" who drove a red Volkswagen. The police officers subsequently searched for and found a red Volkswagen in the parking lot. A check on the Volkswagen's registration showed that it belonged to a Scott Geist, who resided in the Southside Villa Apartments. They then obtained Scott Geist's apartment number from the apartment manager.

The officers decided to knock on Scott Geist's apartment door, but first sent Officer McGaha to guard the rear exit because the confidential informer had said defendant might have a sawed-off shotgun, and the officers feared a violent confrontation. The rear door of the apartment opened onto a patio which was completely enclosed by a wooden fence with a wooden gate. Officer McGaha testified that he lifted the gate's latch and entered into the patio purportedly because he was afraid he would be in danger if someone from the apartment entered the patio and saw him outside the fence. Once inside the patio, McGaha was able to see through an opening in the kitchen window's curtains and into the apartment. Based upon his familiarity with defendant's photograph, McGaha recognized the defendant sitting in the living room with Ms. Light. McGaha observed the defendant run from the living room area when the officers at the front knocked on the apartment's front door. McGaha left his post and informed the other officers, who were outside the door, of his observations.

Awakened by the officers' knocking, Scott Geist opened the front door and they entered the apartment. At the time, all officers had their guns drawn. After entering the apartment, the officers noticed drugs, which appeared to be methamphetamine, and drug paraphernalia openly displayed on the living room coffee table. Defective Wyche searched for the defendant and found him hiding in the bathroom behind the shower curtain. Wyche noticed two small, bloody puncture marks on defendant's forearm. A syringe was found on the bathroom floor.

The officers brought the defendant, Scott Geist, Ms. Light and a Ms. Devanguardia, who was also in the apartment, into the living room and advised them of their Miranda rights. A narcotics agent, Robert Scaif, arrived between ten and thirty minutes after the initial entry and again advised the four suspects of their rights. Scaif and another officer then took Scott Geist into the bedroom and requested that he sign a consent to search form. Geist agreed after he was told "It didn't make *495 any difference, I was going to search the place anyhow ... I'd just get a search warrant." During the subsequent search, police officers discovered marijuana seeds in a nightstand drawer, and more "crystal meth" in the refrigerator's freezer compartment. Based upon these facts, the trial court denied defendant's motion to suppress.

II. REQUIREMENTS FOR LEGAL SEIZURE OF THE METHAMPHETAMINE.

Defense counsel contends the methamphetamine was seized by means of an illegal search because the policemen's initial entry into Scott Geist's apartment to effect defendant's arrest was not based upon probable cause to believe defendant would be found within the apartment. It is clear that if the officers legally entered the apartment, the methamphetamine on the coffee table was properly seized because it was in plain view. Coolidge v. N. H., 403 U.S. 443, 91 S.Ct. 2022, 29 L.Ed. 564 (1971); State v. Pomes, 376 So.2d 133 (La.1979).

The question of what requirements must be met before policemen may conduct a search of a third person's private home for a suspect for whom they have a valid arrest warrant is res nova in Louisiana. Article 224 of the Louisiana Code of Criminal Procedure provides:

"In order to make an arrest, a peace officer, who has announced his authority and purpose, may break open an outer or inner door or window of any vehicle, watercraft, aircraft, dwelling or other structure, movable or immovable, where the person to be arrested is or is reasonably believed to be, if he is refused or otherwise obstructed from admittance. The peace officer need not announce his authority and purpose when to do so would imperil the arrest." (Emphasis added).

The United States and Louisiana Constitutions prohibit unreasonable searches and seizures. La.Const. art. 1, § 5 (1974); U.S.Const. amend. 4. As a general rule, police searches must be based upon probable cause. Draper v. U.S., 358 U.S. 307, 79 S.Ct. 329, 3 L.Ed.2d 327 (1959); State v. Culotta, 343 So.2d 977 (La.1976); State v. Morgan, 376 So.2d 99 (La.1979); State v. Hearn, 340 So.2d 1365 (La.1976)

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381 So. 2d 492, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-ragsdale-la-1980.