State v. Rogers

19 So. 3d 487, 9 La.App. 5 Cir. 13, 2009 La. App. LEXIS 1308, 2009 WL 1752661
CourtLouisiana Court of Appeal
DecidedJune 23, 2009
Docket09-KA-13
StatusPublished
Cited by17 cases

This text of 19 So. 3d 487 (State v. Rogers) 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. Rogers, 19 So. 3d 487, 9 La.App. 5 Cir. 13, 2009 La. App. LEXIS 1308, 2009 WL 1752661 (La. Ct. App. 2009).

Opinions

WALTER J. ROTHSCHILD, Judge.

IgThe Jefferson Parish District Attorney filed a bill of information charging defendant, Brittany Rogers, with three counts of armed robbery in violation of LSA-R.S. 14:64 (counts one, two, and three) and one count of second degree kidnapping in violation of LSA-R.S. 14:44.1 (count four).1 Defendant pled not guilty to these charges at her arraignment. Defendant subsequently filed motions to suppress that were denied by the trial court.

Thereafter, defendant withdrew her not guilty pleas, and after being advised of her rights, pled guilty to all counts pursuant to State v. Crosby,2 reserving her right to appeal the suppression rulings. For the three counts of armed robbery, the trial court sentenced defendant to 20 years imprisonment at hard labor, without benefit [490]*490of parole, probation, or suspension of sentence for each count. For count four, second degree kidnapping, the trial court sentenced defendant to 20 years imprisonment at hard labor, with the first two years of the sentence being without benefit of parole, probation, or suspension of sentence. All of these sentences were ordered to run concurrently with each other. This timely appeal follows.

\ .FACTS

The bill of information and the guilty plea colloquy indicate that on January 1, 2008, defendant committed armed robbery of Lorrie Fisher.3 On January 9, 2008, defendant committed armed robbery of Son Nguyen.4 Also on this date, defendant committed armed robbery and second degree kidnapping of Tiffany Stafford. All of these crimes took place in Jefferson Parish.

On appeal, defendant argues that the district court erred in the denial of the Motion to Suppress the Confession and the Identification. For the reasons stated herein, we affirm defendant’s convictions and sentences.

DISCUSSION

By this appeal, defendant argues that she was arrested without an arrest warrant and without probable cause when the officers arrived at her residence. She contends that her three statements and the identification she made were fruits of the illegal arrest and that there was not sufficient attenuation from the illegal arrest to render them admissible. As such, she concludes that the trial court erred in denying the motion to suppress statements and identification.

The State responds that the trial court did not abuse its discretion in denying defendant’s motions to suppress. It eon-tends that defendant voluntarily accompanied the officers to the bureau and was not unlawfully arrested. The State alternatively argues that even if defendant was unlawfully arrested, the statements were sufficiently attenuated from the detention and, therefore, were admissible.

Detectives David Mascaro and Brent Beavers of the Robbery Division of the Jefferson Parish Sheriffs Office testified at the suppression hearing. During an investigation, the detectives went to defendant’s residence after following a cell phone signal. Detective Beavers explained that Detective Bartee was at the Bureau |4giving them “directional locations.” Detective Beavers stated that the “entire squad” went to her residence, but later clarified that it was himself and two co-workers, John Carroll and Dave Mas-caro. He said that after arriving at the residence in unmarked vehicles, they identified themselves as law enforcement officials and showed defendant their credentials. They were not in uniform and were wearing shirts and ties. Detective Beavers stated that one of defendant’s brothers and her sister was there at the residence. Defendant was living in this residence with her parents. They determined she was 17 years old.

Detective Beavers explained that they talked to defendant and that she agreed to accompany them back to the Bureau. He testified that defendant voluntarily and freely went with them. When asked if defendant could have said she did not want to go with them and whether she could have chosen to stay home, Detective Beavers answered affirmatively. Detective Beavers was then asked, “Nothing else would have happened; she wouldn’t have been placed under arrest; you wouldn’t [491]*491have taken her into custody at all, correct?” Detective Beavers responded, “Not at that point, she was not under arrest.” Detective Beavers testified that she was “booked” later on in the afternoon after giving her statements.

Detective Mascaro testified that they wanted to speak to defendant and that defendant was told they wanted to speak to her in reference to an investigation. They picked defendant up from her residence. Detective Mascaro was asked if he told defendant she was under arrest when he took her into custody. Detective Mas-caro responded that she was not under arrest. He was then asked again if he told her she was under arrest, and Detective Mascaro responded “No, I didn’t, because she was not under arrest.” Further, the rights form reflected that she was under investigation. Detective Mascaro was asked, “Well, she wasn’t free to leave, | ¿was she?” Detective Mascaro responded, “We were doing an investigation. She could have walked away.”

Detective Mascaro was asked if he formally placed defendant under arrest on January 9th. He responded, “Once she began to make the statements in reference to her participation, yes, she was arrested. And that’s why she was upset because, to me, it appeared that she realized she made a mistake in committing the robberies.” Detective Mascaro was then asked, “Prior to going over that form with her on the 9th, had you placed her under arrest?” Detective Mascaro responded, “No.”

Defendant executed a Rights of Arres-tee or Suspects form on January 9, 2008 at 12:25. This form reflects that she was “UNDER INVESTIGATION” for armed robbery. Detective Mascaro completed this form with defendant. Thereafter, defendant gave taped statements at 1:42 p.m. and at 2:00 p.m. to Detective Mascaro.

Detective Mascaro testified that to the best of his knowledge, defendant understood the rights as explained, and that as he read them, she read along and initialed next to each right. Detective Mascaro and defendant both signed the form. Detective Mascaro testified that defendant was not promised anything or threatened to give a statement. Detective Mascaro identified a transcription of a taped statement that defendant gave him on January 9th regarding one of the armed robberies committed the night of January 8th.

In the first statement, defendant agreed that the detectives met with her at her house that morning and advised her they wére conducting an investigation in reference to an armed robbery involving a cell phone. Detective Mascaro asked, “Okay. And I believe you agreed to accompany us back here to answer questions Rand talk about if you knew about a phone[.] Is that correct?” Defendant responded, ‘Tes sir.”

Defendant agreed that they filled out a form and that she was advised of her rights on this form. She admitted that the form contained her initials and signatures, acknowledging that she read her rights, that she understood her rights, and that she was willing to make a statement.

In this statement, defendant said that she went for a ride in a gray-colored Malibu car with Tracey Smith the night before. She identified him in a photographic lineup. Defendant explained that they followed a white female to her house, then defendant got out of Smith’s car with a black bandana on her face and pulled out a gun.

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State v. Rogers
19 So. 3d 487 (Louisiana Court of Appeal, 2009)

Cite This Page — Counsel Stack

Bluebook (online)
19 So. 3d 487, 9 La.App. 5 Cir. 13, 2009 La. App. LEXIS 1308, 2009 WL 1752661, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-rogers-lactapp-2009.