State v. Richmond

464 So. 2d 430
CourtLouisiana Court of Appeal
DecidedFebruary 26, 1985
DocketKW(A) 84 0716
StatusPublished
Cited by8 cases

This text of 464 So. 2d 430 (State v. Richmond) 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. Richmond, 464 So. 2d 430 (La. Ct. App. 1985).

Opinion

464 So.2d 430 (1985)

STATE of Louisiana
v.
Michael RICHMOND.

No. KW(A) 84 0716.

Court of Appeal of Louisiana, First Circuit.

February 26, 1985.
Writ Denied April 19, 1985.

*431 Ronald J. Brumfield, Asst. Dist. Atty., Franklinton, for State, plaintiff and appellee.

Archie Perry, Bogalusa, for defendant and appellant.

Before COLE, CARTER and LANIER, JJ.

LANIER, Judge.

Defendant, Michael Richmond, was charged in a bill of information with two counts of possession of marijuana in violation of La.R.S. 40:966(C).[1] He pled not *432 guilty, and, after a bench trial, he was found guilty as charged. On each count, the district judge sentenced him to pay $300 plus costs or serve ninety days in the parish jail.[2] Defendant appealed his convictions.[3]

FACTS

On the evening of October 17, 1983, Bogalusa City Court Judge Jim Richardson received a call from a friend of the defendant asking him to contact defendant, who was in jail. Judge Richardson went to the parish prison and talked to defendant. He then took defendant to the Bogalusa Community Medical Center emergency room to be examined by Dr. Gilbert E. Caillouet because he was concerned with defendant's emotional and mental condition. After the exam was completed, Judge Richardson instructed the jailers to release defendant on his own recognizance and took defendant back to the motel (Sportsman's Inn) where he was staying.

The following day at City Hall, Judge Richardson was involved in conversation with Captain Dorman Pritchard of the Bogalusa Police Department. Judge Richardson advised Captain Pritchard that defendant told him he was using drugs and had drugs in his motel room at the Sportsman's Inn and that Dr. Caillouet overheard part of this conversation. Based on Judge Richardson's statements, Captain Pritchard executed an affidavit upon which a district judge issued a search warrant for defendant's motel room at the Sportsman's Inn. The search was conducted that same day, and the following items were seized: (1) six butts believed to be marijuana; (2) one straw; (3) one bottle containing pink pills; and (4) one razor blade with "cocaine" inscribed.

After talking with Captain Pritchard, Judge Richardson learned that defendant was again in police custody. Judge Richardson took defendant from the jail to the mental health clinic where defendant was examined. He then took defendant to Dr. Newman's office where he called the police and asked them to pick up defendant and take him back to the mental health clinic. An altercation occurred and defendant was taken back to the mental health clinic under restraint. Dr. Devillier conducted a second examination on defendant and ordered him hospitalized at Mandeville.

Later that same day, Judge Richardson spoke with Detective Mike Edwards of the Bogalusa Police Department Narcotics Division. Detective Edwards had participated in the search of defendant's motel room earlier that day and he mentioned this to Judge Richardson. Judge Richardson then told Detective Edwards that "if they didn't find it [drugs] in the motel room, they would find it in the car, because he had his stuff in both the car and the motel room."

Based on this information from Judge Richardson, Detective Edwards executed an affidavit upon which a second district judge issued a search warrant for defendant's automobile. The search was conducted that same day, and the following items were seized: (1) one black case with red roach clip and one roach; (2) one black film box containing 4 roaches; (3) one empty pill bottle containing white powder residue; (4) one Freeze rock containing a partial roach; and (5) one smoking pipe.

The evidence was sent to the Louisiana State Police Crime Laboratory for analysis. When the results were received, defendant *433 was placed under arrest for possession of marijuana.

VALIDITY OF SEARCHES

Defendant contends the two search warrants were invalid because of deficiencies in the affidavits on which they were based. More specifically, defendant argues that misstatements were made by the affiants. The State contends the affidavits were sufficient to provide probable cause for issuance of the search warrants, considering the totality of the circumstances. Alternatively, the State contends that even if the search warrants were invalid, the evidence seized was admissible under the "good faith" exception to the exclusionary rule established in United States v. Leon, ___ U.S. ___, 104 S.Ct. 3405, 82 L.Ed.2d 677 (1984).

The affidavit by Captain Pritchard supporting the search warrant issued for defendant's motel room (# 232) contained the following information:

On this date, Capt. Pritchard was told by City Judge Jim Warren Richardson and also by Dr. G.E. Cailloet that Michael Richmond had made the statement to them that he had in his motel room at The Sportsman's Inn a large amount of Marijuana and Cocaine. These informants are known well by Capt. Pritchard and are known to be very reliable, and are upstanding citizens in the community.

The affidavit for the search warrant issued for defendant's automobile (blue 1981 Toyota with license # 161L645) by Detective Mike Edwards contained the following information:

On this date, Det. Mike Edwards received information from City Judge Jim Richardson that Michael Richmond made the statement to him that he had a quantity of Marijuana and cocaine in the vehicle that belonged to Michael Richmond. The Blue Toyota. This informant is well known by Det. Mike Edwards and is known to be very reliable and upstanding citizen of the community.

The issue at a suppression hearing is whether the affiant was truthful, not whether the informant was truthful, because if the informant lied, but the officer reasonably believed him, it cannot be said that the officer acted without probable cause. State v. Mosley, 412 So.2d 527 (La. 1982). In making such a determination, the credibility of the affiant's informant may not be attacked; however, the credibility of the affiant himself may be traversed on a proper showing of a genuine issue of the affiant's veracity supported by convincing allegations of fact which, if proven, would establish the falsity of the affidavit. State v. Paster, 373 So.2d 170 (La.1979). If inaccurate statements are unintentionally made by the affiant in the affidavit, the preferred approach is to excise the inaccurate statements and then examine the residue to determine if it supports a finding of probable cause. State v. Rey, 351 So.2d 489 (La.1977); State v. Howard, 448 So.2d 150 (La.App. 1st Cir.1984), writ denied, 449 So.2d 1355 (La.1984). The two affidavits must be examined in accordance with these legal precepts.

At the hearing on the motion to suppress, Dr. Gilbert E. Caillouet testified the defendant made certain statements concerning drugs while he was examining defendant. In particular, the defendant told Dr. Caillouet he had marijuana and very good cocaine that night, but was out of cocaine. However, Dr. Caillouet never spoke to either Captain Pritchard or Detective Edwards concerning defendant's statements. Judge Richardson was present for portions of the examination.

Judge Richardson testified the defendant made statements concerning drugs directly to him and to Dr. Caillouet which he overheard. From these conversations, Judge Richardson was under the impression and thought the defendant said he had marijuana and cocaine in his motel room and car.

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Bluebook (online)
464 So. 2d 430, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-richmond-lactapp-1985.