State v. Shapiro

751 So. 2d 337, 1999 WL 1411322
CourtLouisiana Court of Appeal
DecidedDecember 29, 1999
Docket98-KA-1949
StatusPublished
Cited by9 cases

This text of 751 So. 2d 337 (State v. Shapiro) 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. Shapiro, 751 So. 2d 337, 1999 WL 1411322 (La. Ct. App. 1999).

Opinion

751 So.2d 337 (1999)

STATE of Louisiana
v.
Ryan SHAPIRO.

No. 98-KA-1949.

Court of Appeal of Louisiana, Fourth Circuit.

December 29, 1999.

*338 Ike Spears, Spears & Spears, New Orleans, Counsel for Defendant/Appellant.

Court composed of Chief Judge ROBERT J. KLEES, Judge JOAN BERNARD ARMSTRONG and Judge MICHAEL E. KIRBY.

ARMSTRONG, Judge.

STATEMENT OF CASE

On April 25, 1997, the defendant, Ryan Shapiro, was charged with the possession with the intent to distribute marijuana. At his arraignment on May 13th he pled not guilty. After the case was reallotted to another section of court, several hearings were held on the defendant's motion to suppress the evidence. The trial court denied the motion on November 20, 1997. On December 15, 1997, the defendant withdrew his prior plea of not guilty and pled guilty as charged, reserving under State v. Crosby, 338 So.2d 584 (La.1976), his right to appeal the trial court's ruling on his suppression motion. He waived all delays, and the court immediately sentenced him to eight years at hard labor, suspended, and placed him on five years active probation with several conditions. The trial court granted his formal motion for appeal on December 19, 1997.

FACTS

The following facts were gleaned from the suppression hearings held on October 17, October 31, and November 4, 1997.[1] Just before noon on November 12, 1996, State Trooper Timothy Lafleur and a U.S. customs agent were on patrol on I-10 in Jefferson Davis Parish. As they neared mile marker 62, they noticed a Chrysler driving up behind them in the left-hand lane. The car came within twelve feet of the police car and followed it for approximately one-half mile, and then it changed into the right-hand lane, passed the police car, and changed again into the left-hand lane. The trooper pulled over the Chrysler, which was being driven by a woman. The woman, identified in the transcript as *339 only Mrs. Delvige, had a Texas driver's license. She told Trooper Lafleur that she and her husband, the passenger of the car, were driving from Beaumont, where they had stayed at a Hilton hotel, to New Orleans, where they planned to spend a week's vacation. Trooper Lafleur testified the Chrysler was a rental car, and the rental documents indicated the car had been rented by Ms. Billie Delvige, who was the mother of the passenger of the car. Trooper Lafleur testified he then spoke with Mr. Delvige, who told him he and his wife had spent the night at a Best Western hotel in Beaumont. Mr. Delvige stated he and his wife were driving to New Orleans, where they planned to spend only a few days. Trooper Lafleur testified Mr. Delvige appeared nervous and was shaking while he was speaking with the trooper. Trooper Lafleur returned to Mrs. Delvige, and she reiterated that she and her husband were planning to spend a week in New Orleans, although she allowed that her husband might have to leave a few days early.

Trooper Lafleur then issued a warning citation to Mrs. Delvige for following too closely in violation of La. R.S. 32:81 and requested that Mr. and Mrs. Delvige agree to a frisk of their persons and a search of their car. He testified that although he did not tell the suspects they were free to leave after he issued the citation, he emphasized he told them they could refuse to allow the searches. However, they both agreed, and Mrs. Delvige signed a consent to search form. The trooper searched both suspects and searched Mrs. Devige's purse, finding no contraband. He then searched the interior of the Chrysler, again finding no contraband. However, when he opened the trunk of the car, he sensed a strong odor of fabric softner, which he indicated was commonly used to mask the odor of drugs. He searched under the spare tire and found a bag which contained fabric softner wrapped around three clear bags of what was later found to be marijuana. He searched the trunk further and found more marijuana under the carpet. He testified the combined total of the marijuana was over thirty pounds. He then arrested both suspects.

State Trooper John Schmidt testified he participated in a controlled delivery of approximately thirty-one pounds of marijuana to the defendant Ryan Shapiro on the evening of November 12, 1996 in New Orleans. Trooper Schmidt testified that earlier that day he received information concerning the seizure of marijuana in Jefferson Davis Parish from a car driven by the wife of Melvin Delvige. He testified that Mr. Delvige told officers in Jefferson Davis Parish that he was to deliver the marijuana to "Ryan" at his home on West End Boulevard in New Orleans. Mr. Delvige agreed to cooperate with the police, and he agreed to wear a microphone during the delivery. Trooper Schmidt testified the officers received the marijuana and packaged all thirty-one pounds in one box. At approximately 6:00 p.m. he met with Delvige, who told him that he was engaged in a marijuana smuggling business with Shapiro and had made ten prior deliveries totaling approximately two hundred pounds of marijuana over the past few months. Delvige stated he always contacted Shapiro by calling his pager from a certain pay phone and leaving a certain code number. Delvige stated Shapiro would then either appear or call him back at that phone to make arrangements for delivery.

Trooper Schmidt testified that after speaking with Delvige, the officers placed a microphone on him. The officers first directed Delvige to go to 6539 West End Blvd., the place where Delvige had made the prior deliveries. However, there was no answer at that address, and Delvige then went to a convenience store at the corner of Harrison Avenue and Milne Street, the place from which he regularly contacted Shapiro. In accordance with his standard procedure, he paged Shapiro from the pay phone in front of the store, leaving the usual code. Shortly thereafter, *340 Shapiro called on the pay phone and told Delvige he would be there soon. Shapiro arrived in a Jeep, and when exiting he apparently locked his keys inside. Trooper Schmidt testified that over the microphone's broadcast he heard Shapiro tell Delvige to go to the West End residence and wait there for him while he called someone to bring him another set of keys to his Jeep. Shapiro was under the impression that Delvige had approximately 125 pounds of marijuana, not just thirty-one pounds. Trooper Schmidt testified that Shapiro also told Delvige that after he had delivered the marijuana to the West End address, he wanted Delvige to go with him to his new residence in Metairie. Delvige then left, while Shapiro remained until two friends arrived with an extra set of keys.

Trooper Schmidt testified that Shapiro then went to the West End address, where he met with Delvige. The officers watched as Delvige took the package of marijuana out of his car and carried it inside the lower apartment at that address. Shapiro also went inside the apartment. Shortly thereafter, the officers entered the residence, which contained no furniture, arrested Shapiro, and seized the package. The officers advised Shapiro of his Miranda rights. Shapiro then consented to a search of his Jeep and of his residence in Metairie. The officers searched Shapiro and his Jeep, but they found no contraband. They took Shapiro to his Metairie residence and searched it, finding approximately one ounce of marijuana, various smoking devices, and $4,490.00 in a golf bag which he claimed belonged to members of his band.[2]

Errors Patent

A review of the record for errors patent reveals there are none.

Assignment of Error

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Cite This Page — Counsel Stack

Bluebook (online)
751 So. 2d 337, 1999 WL 1411322, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-shapiro-lactapp-1999.