State v. Richards

713 So. 2d 514, 1998 WL 207908
CourtLouisiana Court of Appeal
DecidedApril 15, 1998
Docket97-KA-1182
StatusPublished
Cited by25 cases

This text of 713 So. 2d 514 (State v. Richards) 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. Richards, 713 So. 2d 514, 1998 WL 207908 (La. Ct. App. 1998).

Opinion

713 So.2d 514 (1998)

STATE of Louisiana
v.
Eddie J. RICHARDS.

No. 97-KA-1182.

Court of Appeal of Louisiana, Fifth Circuit.

April 15, 1998.

*515 Margaret S. Sollars, Louisiana Appellate Project, Thibodaux, for Defendant/Appellant Eddie J. Richards.

Paul D. Connick, Jr., Terry M. Boudreaux, Thomas J. Butler, District Attorney's Office, Parish of Jefferson, Gretna, for Plaintiff/Appellee State of Louisiana.

Before BOWES, GOTHARD and DALEY, JJ.

BOWES, Judge.

Defendant, Eddie Richards, appeals his conviction and sentence for possession of a firearm. For the following reasons we affirm.

On July 1, 1996, the Jefferson Parish district attorney filed a bill of information charging defendant with possession of a firearm by a convicted felon, a violation of La. R.S. 14:95.1. Defendant pled not guilty and subsequently filed a motion to suppress evidence, which was heard and denied. On March 5, 1997, defendant waived his right to a jury trial; and on the same day, the court found defendant guilty as charged.[1]

Richards filed a motion for new trial, which was denied by the trial court. Defendant waived sentencing delays, and the court sentenced him to ten years at hard labor without benefit of parole, probation, or suspension *516 of sentence. The court also imposed a fine of $1,000.00 as required by the statute, but suspended it in consideration of defendant's indigent status. On the same day, defendant filed a motion to reconsider the sentence which the trial court also denied. Richards was subsequently granted this appeal.

FACTS AND TESTIMONY

The following facts were derived from the testimony at the hearing on the motion to suppress and at trial.

On the evening of June 5, 1996, Lieutenant Raymond Gibbs and Sergeant Emile Lawson of the Jefferson Parish Sheriff's Office Narcotics Division were on patrol in the Tallow Tree area of Harvey, Louisiana. As they approached the intersection of Greenleaf Drive and the Westbank Expressway, they saw a car, which they subsequently determined was driven by Troy Carter, fail to make a complete stop at a stop sign and they also observed that the car had a temporary license plate of questionable validity.

Using police lights and siren, the officers stopped this vehicle with the intention of issuing a traffic citation. Carter immediately stepped out of his car and Joseph Thompson, a passenger in the back seat, also got out. According to the testimony of both officers, defendant, Richards, who was a passenger in the front seat in the car, also exited with his hands up. The officers testified that defendant then told them "I've got a gun on me." Lt. Gibbs immediately approached defendant and ordered him to place his hands on the car. Defendant complied, and Gibbs did a "pat-down" search of defendant's person during which Gibbs testified that he found and removed a .38 caliber handgun from defendant's waistband. Although Lawson did not see the retrieval, he testified that Gibbs had found the gun in defendant's waistband.

Gibbs placed defendant under arrest, handcuffed him, and advised him of his rights. Upon further searching defendant further, Gibbs found a small plastic bag of marijuana, cigarette rolling papers, and $702.00 in currency in his pants pockets. Gibbs then arrested the defendant for possession of marijuana.

Lawson searched Carter and Thompson, and found no contraband.[2] Computer records also showed that defendant had prior felony convictions. The officers obtained defendant's verbal consent to search his motel room, however, Lawson testified that a subsequent search of the room did not reveal any contraband.

Captain Merril Boling, a latent fingerprint expert with the Jefferson Parish Sheriff's Office, testified that the fingerprints which he had taken from Richards earlier that day matched seven of ten fingerprints on defendant, Richard's, 1992 conviction for cocaine possession. The remaining three fingerprints were too smeared for a positive match.

Defendant testified that the car driven by Carter had come to a complete stop at the stop sign, and as they went to make a right turn, the police siren went off and the driver pulled over. According to defendant's testimony, he stayed in the car for about ten minutes after he and his companions were stopped by Gibbs and Lawson, until several police units arrived at the scene. When he was ordered out of the car, he was not immediately frisked, but instead was questioned by the officers. Defendant further testified that, upon being searched, Officer Gibbs found a motel key, $702.00 in cash (according to Richards, this was money from a civil settlement) and some concert tickets. Defendant also testified that he saw Gibbs go into the car and emerge with the gun that Lt. Gibbs said he had found on the defendant's person.

The defense also produced documents generated by the sheriff's office in connection with the forfeiture of other items in defendant's case. Through the testimony of Captain Kenneth Gaillot, the defense showed that these documents listed Joseph Thompson, and not the defendant, as the owner of the gun. Gaillot explained, however, that the *517 police report stated the weapon was seized from the defendant, and that he used the police report simply as a source of information in composing these documents. Importantly, Gaillot also testified that he had simply transposed Thompson's name with defendant's by mistake.

ASSIGNMENT OF ERROR NUMBER ONE

Defendant asserts that the trial court erred by failing to suppress evidence obtained after an illegal search. In this assignment, he complains that the version of the incident as related by the officers was not credible, and that the evidence seized by Lt. Gibbs and Sgt. Lawson was inadmissible because it was the fruit of an illegal stop.

According to the officers, the driver of the car committed a traffic offense by failing to come to a complete stop at a stop sign. Moreover, the officers suspected that the car's temporary license plate was invalid. In general, the decision to stop an automobile is reasonable where the police have probable cause to believe that a traffic violation has occurred. See Whren v. United States, 517 U.S. 806, 116 S.Ct. 1769, 135 L.Ed.2d 89 (1996). In addition, the courts of this state have found that traffic violations are valid bases for investigatory stops. See State v. Washington, 96-656 (La.App. 3 Cir. 1/15/97), 687 So.2d 575; State v. Colarte, 96-0670 (La. App. 1 Cir. 12/20/96), 688 So.2d 587, writ denied, 97-1015 (La.10/3/97), 701 So.2d 197; State v. Allen, 93-838 (La.App. 5 Cir. 5/31/94), 638 So.2d 394, writ granted, 94-1754 (La.11/29/94), 646 So.2d 390, writ recalled, 94-1754 (La.3/16/95), 651 So.2d 1343.

Defendant asserts that the alleged traffic violations were a pretext to allow the officers to achieve their actual objective, which was to search all of the car's occupants for contraband. However, in Whren, supra, the United States Supreme Court held that the determination of reasonable grounds for an investigatory stop or probable cause for an arrest does not rest on the officer's subjective beliefs or attitudes, but turns on a completely objective evaluation of all of the circumstances known to the officer at the time of his challenged action. See also State v. Kalie, 96-2650 (La.9/19/97), 699 So.2d 879.

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Bluebook (online)
713 So. 2d 514, 1998 WL 207908, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-richards-lactapp-1998.