State v. Robinson

342 So. 2d 183
Supreme Court of Louisiana·Decided January 24, 1977·No. 58525·Published·Cited by 59 cases

Opinion

342 So.2d 183 (1977)

STATE of Louisiana
v.
Tommy Ray ROBINSON.

No. 58525.

Supreme Court of Louisiana.

January 24, 1977.

*185 J. Michael Hart, Theus, Grisham, Davis & Leigh, Monroe, for defendant-appellant.

William J. Guste, Jr., Atty. Gen., Barbara Rutledge, Asst. Atty. Gen., J. Carl Parkerson, Dist. Atty., Brian E. Crawford, Asst. Dist. Atty., for plaintiff-appellee.

MARCUS, Justice.

Tommy Ray Robinson was charged by bill of information with possession of a controlled dangerous substance, to-wit: Heroin, in violation of La.R.S. 40:966. After trial by jury, he was found guilty as charged and sentenced to serve four years at hard labor. On appeal, defendant relies on six assignments *186 of error for reversal of his conviction and sentence.[1]

ASSIGNMENT OF ERROR NO. 1

Defendant contends the trial judge erred in denying his motion filed on the day of trial for production of evidence favorable to defendant and more particularly for evidence of a post-arrest investigation demonstrating that portions of the tip supplied by the informant involved in this case were false. The minutes reflect and defendant concedes in brief that the state, in response to this request, informed the court that it had no evidence favorable to the defendant and specifically denied that any post-arrest investigation had, to its knowledge, been conducted. Subsequent testimony at trial confirmed the truth of the state's response.

It is well settled that the prosecution may not suppress evidence, in the face of a defense production request, where the evidence is favorable to the accused and is material to either guilt or punishment. Brady v. Maryland, 373 U.S. 83, 83 S.Ct. 1194, 10 L.Ed.2d 215 (1963); United States v. Agurs, 427 U.S. 97, 96 S.Ct. 2392, 49 L.Ed.2d 342 (1976). There is, however, no constitutional requirement that the prosecution make a complete and detailed accounting to the defense of any or all police investigatory work on a case. United States v. Agurs, supra; Moore v. Illinois, 408 U.S. 786, 92 S.Ct. 2562, 33 L.Ed.2d 706 (1972). We have consistently held that the state is not required to open its files to the accused and allow him to search them and decide what is exculpatory. State v. Johnson, 324 So.2d 349 (La.1975); State v. Williams, 310 So.2d 528 (La.1975). Nor is defendant entitled to an in camera inspection by the court where, as here, the state denies possession of the specific information requested and defendant makes no showing to contradict the state's answer. Hence, the trial judge did not err in overruling defendant's motion for the production of favorable evidence.

Assignment of Error No. 1 lacks merit.

ASSIGNMENT OF ERROR NO. 2

Defendant contends the trial judge erred in overruling his motion to suppress certain physical evidence on the ground that it was obtained as a result of an unconstitutional search.

The record of the suppression hearing reveals that on January 31, 1976 at approximately 4:30 p.m. Detective Jerry Harper was contacted by a confidential informer who had previously supplied information which resulted in narcotics arrests and convictions. The informant advised Detective Harper that a black male named Tommy Ray Robinson (defendant) was distributing heroin and that he could then he found at the Friendship Bar. He further provided the detective with a description of defendant's clothing and told him that Robinson was driving a black Buick Electra. Detective Harper testified that, based on his working relationship with the informant, he understood the information supplied to be first-hand. The detective immediately proceeded to the area of the Friendship Bar and set up a surveillance of the location with the help of Officer Otwell, whom he had radioed for assistance. Detective Harper quickly located the black Buick Electra described by the informant and noted that it was the only vehicle of its kind parked in the area. Moments later, he observed four black males leave the Friendship Bar, enter the black Buick and proceed to drive eastward. This information was relayed by police radio to Officer Otwell who followed the Buick and stopped the vehicle approximately one block away from the bar. Within seconds, Detective Harper pulled up at the scene just as the Buick's occupants were beginning to exit at Officer Otwell's request. At this point only about twenty minutes had elapsed since receipt of the informant's tip. The officers then proceeded *187 to check the identification of defendant and his companions. Detective Harper verified the informant's tip as to defendant's identity noting that Robinson's clothing fit the description given by the informant and that he had, in fact, been the driver of the black Buick. While the officers were investigating one of the passengers, defendant, suddenly and without warning, moved his hand behind him and reached into his right rear pocket. When Detective Harper noticed this conduct, he immediately grabbed Robinson's arm; in his hand defendant was clutching a cigarette package containing two tin foil packets of a powdered substance which he suspected to be heroin. A plastic bag containing a similar substance, several capsules, and a used hypodermic syringe were discovered in defendant's rear pockets.

The fourth amendment to the federal constitution protects people against "unreasonable searches and seizures." Measured by this standard, La.Code Crim.P. art. 215.1, as well as federal and state jurisprudence, recognizes the right of a law enforcement officer to temporarily detain and interrogate a person whom he reasonably suspects is committing, has committed or is about to commit a crime. Terry v. Ohio, 392 U.S. 1, 88 S.Ct. 1868, 20 L.Ed.2d 889 (1968); State v. Perique & Merritt, 340 So.2d 1369 (La.1976); State v. Dixon, 337 So.2d 1165 (La.1976); State v. Cook, 332 So.2d 760 (La.1976); State v. Rogers, 324 So.2d 403 (La.1975); State v. Jefferson, 284 So.2d 882 (La.1973). We have held that reasonable cause for an investigatory detention is something less than probable cause and must be determined under the facts of each case by whether the officer had sufficient knowledge of facts and circumstances to justify an infringement on the individual's right to be free from government interference. State v. Dixon, supra; State v. Cook, supra; State v. Weathers, 320 So.2d 892 (La.1975). In Adams v. Williams, 407 U.S. 143, 92 S.Ct. 1921, 32 L.Ed.2d 612 (1972), the United States Supreme Court stated:

In Terry this Court recognized that `a police officer may in appropriate circumstances and in an appropriate manner approach a person for purposes of investigating possible criminal behavior even though there is no probable cause to make an arrest.' [citation omitted] The Fourth Amendment does not require a policeman who lacks the precise level of information necessary for probable cause to arrest to simply shrug his shoulders and allow a crime to occur or a criminal to escape. On the contrary, Terry recognizes that it may be the essence of good police work to adopt an intermediate response. [citation

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State v. Robinson, 342 So. 2d 183 (La. 1977).

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