State v. Ruffin

434 So. 2d 1246
CourtLouisiana Court of Appeal
DecidedJune 28, 1983
Docket82 KA 1118, 82 KA 1119
StatusPublished
Cited by5 cases

This text of 434 So. 2d 1246 (State v. Ruffin) 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. Ruffin, 434 So. 2d 1246 (La. Ct. App. 1983).

Opinion

434 So.2d 1246 (1983)

STATE of Louisiana
v.
Jimmy RUFFIN.

Nos. 82 KA 1118, 82 KA 1119.

Court of Appeal of Louisiana, First Circuit.

June 28, 1983.

*1247 Ossie B. Brown, Dist. Atty. by Brett L. Grayson, Asst. Dist. Atty., Baton Rouge, for plaintiff-appellee.

Archie Perry, M. Michele Fournet, Asst. Public Defender, Baton Rouge, for defendant-appellant.

Before COVINGTON, LANIER and ALFORD, JJ.

LANIER, Judge.

The defendant, Jimmy Ruffin, was charged with receiving a stolen United States Treasury check of a value of $898.18, in violation of La.R.S. 14:69. The defendant filed a motion to suppress the check and a Social Security card as physical evidence and a motion to suppress an oral statement and a taped statement that he gave to the police. La.C.Cr.P. art. 703. The trial judge denied these motions. The defendant pled not guilty and, after a trial by jury, was found guilty as charged. The state filed a bill of information charging the defendant as a second habitual offender pursuant to La.R.S. 15:529.1 alleging a prior conviction for simple burglary. The defendant admitted this allegation. The trial judge sentenced the defendant to ten years at hard labor in the custody of the Louisiana Department of Corrections and ordered him to pay all costs of the trial [La.C.Cr.P. art. 887(A)]. In default of payment of the costs, the defendant was sentenced to an additional one year (La.C.Cr.P. art. 884)[1]. This appeal followed.

*1248 FACTS

On March 10, 1982, at approximately 11:30 A.M., Detective William B. Denicola, a Baton Rouge City Policeman, received information by telephone from a confidential informant that Jimmy Ruffin had in his possession a stolen check in a large amount and a Social Security card in the name of the check's payee. Ruffin was at the corner of 38th Street and Cain Street in the City of Baton Rouge, Parish of East Baton Rouge, Louisiana, and was trying to get someone to go with him to cash the check. Detective Denicola had been trying to help the Treasury Department and the Sheriff's Office on some stolen checks. Detective Denicola and his partner, Detective Jay Thompson of the Louisiana State Police, proceeded to the corner of 38th Street and Cain Street where they observed the defendant and two others get into a blue Camaro automobile and drive off. The officers followed the vehicle for several blocks and stopped it. The officers drew their weapons and ordered the vehicle's occupants out and had them place their hands on the vehicle. At this time, a second police vehicle arrived carrying Officers Bourgeois and McGehee of the Baton Rouge City Police. The Camaro and the occupants of the vehicle were searched. Officer Bourgeois conducted the search of Jimmy Ruffin and discovered a United States Treasury check for $898.18 made payable to Charles Tademy, III, and a Social Security card in Tademy's name in Ruffin's right sock. Ruffin was handcuffed and verbally advised of his Miranda rights and made a short verbal statement. He was then taken to the East Baton Rouge Sheriff's narcotics office. Ruffin signed a Miranda advice of rights form and, after approximately one hour of questioning, gave a taped statement to the police officers. Ruffin indicated that the check had been stolen by an individual known to him as "Thado". He agreed to assist the police in attempting to find "Thado". The police officers agreed to release Ruffin to search for "Thado". Ruffin did not give the police any further information on "Thado" and he was re-arrested with a warrant for the crime in the instant case on March 20, 1982.

VALIDITY OF ARREST

Ruffin contends his warrantless arrest was illegal because it was without probable cause. He further contends that since the subsequent warrantless search of his person was incident to the illegal arrest, it was also invalid. He finally contends that the statements he gave to the police were products of the illegal arrest and invalid search and, thus, are also illegal. Thus, the critical issue in this case is whether or not the police officers had probable cause to effect the initial arrest of Ruffin.

The rule that a search conducted without a warrant issued upon probable cause is per se unreasonable is subject to only a few specifically established exceptions. Schneckloth v. Bustamonte, 412 U.S. 218, 93 S.Ct. 2041, 36 L.Ed.2d 854 (1973). One of those exceptions is the search incident to lawful arrest. Chimel v. California, 395 U.S. 752, 89 S.Ct. 2034, 23 L.Ed.2d 685 (1969). An arrest is defined in La.C.Cr.P. art. 201 as follows:

Arrest is the taking of one person into custody by another. To constitute arrest there must be an actual restraint of the person. The restraint may be imposed by force or may result from the submission of the person arrested to the custody of the one arresting him.

An arrest occurs when circumstances indicate an intent to effect an extended restraint on the liberty of an accused, rather than at the precise time an officer tells an accused he is under arrest. State v. Commodore, 418 So.2d 1330 (La.1982); State v. Wichers, 392 So.2d 419 (La.1980). When Detectives Denicola and Thompson stopped the Camaro automobile, drew their weapons, ordered the occupants of the vehicle to leave the vehicle and place their hands upon it and subsequently searched the vehicle and its occupants, an arrest occurred. Commodore, *1249 418 So.2d at 1333; State v. Drott, 412 So.2d 984, 987 (La.1982); State v. Morvant, 384 So.2d 765 (La.1980).

A peace officer may lawfully arrest a person without a warrant when he has reasonable (probable) cause to believe that the person to be arrested has committed an offense. La.C.Cr.P. art. 213.[2] Probable cause to arrest exists when facts and circumstances within the arresting officer's knowledge and of which he has reasonable and trustworthy information are sufficient to justify a man of average caution in the belief that the person to be arrested has committed or is committing an offense. Although mere suspicion cannot justify an arrest, the officer does not need sufficient proof to convict. State v. Bell, 395 So.2d 805 (La.1981). Probable cause must be judged by the probabilities and practical considerations of everyday life on which average men, and particularly average police officers, can be expected to act. Whether probable cause existed at the time of the arrest must be determined without regard to the result of the subsequent search. State v. Buckley, 426 So.2d 103 (La.1983).

Probable cause can be based on knowledge supplied to an officer by another person, even if the identity of the informant is kept confidential. Morvant, 384 So.2d at 768. The test used to ascertain the credibility of a confidential informant who provides facts to support probable cause to make a warrantless arrest is the same as that used to determine the credibility of information derived from a confidential informant which is contained in a search warrant. State v. Edwards, 406 So.2d 1331 (La.1981).

Prior to June 8, 1983, the United States Supreme Court had ruled that where the hearsay statements of a confidential informant formed the basis for probable cause, the State was required to show that the confidential informant was reliable and that the basis of his knowledge was credible. Spinelli v. United States,

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Related

State v. Bearden
449 So. 2d 1109 (Louisiana Court of Appeal, 1984)
State v. Kleinpeter
449 So. 2d 1043 (Louisiana Court of Appeal, 1984)
State v. Ruffin
448 So. 2d 1274 (Supreme Court of Louisiana, 1984)
State v. Morace
446 So. 2d 1274 (Louisiana Court of Appeal, 1984)
State v. Sterling
444 So. 2d 273 (Louisiana Court of Appeal, 1983)

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434 So. 2d 1246, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-ruffin-lactapp-1983.