State v. Short

668 So. 2d 1240, 1996 WL 34112
CourtLouisiana Court of Appeal
DecidedJanuary 30, 1996
Docket95-KA-742
StatusPublished
Cited by15 cases

This text of 668 So. 2d 1240 (State v. Short) 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. Short, 668 So. 2d 1240, 1996 WL 34112 (La. Ct. App. 1996).

Opinion

668 So.2d 1240 (1996)

STATE of Louisiana
v.
Waldo SHORT.

No. 95-KA-742.

Court of Appeal of Louisiana, Fifth Circuit.

January 30, 1996.

*1241 John M. Mamoulides, Terry M. Boudreaux, Robert Grant, District Attorney's Office, Gretna, for Plaintiff/Appellee, State of Louisiana.

Bruce G. Whittaker, Indigent Defender Board, Gretna, for Defendant/Appellant, Waldo Short.

Before BOWES, GRISBAUM and DUFRESNE, JJ.

BOWES, Judge.

Defendant, Waldo Short, appeals his conviction for possession with intent to distribute heroin. We affirm.

Defendant was indicted and charged with possession with intent to distribute heroin under La.R.S. 40:966A. At his arraignment, defendant pled not guilty.

On May 5, 1995, the court conducted a hearing on defendant's motion to suppress evidence and an inculpatory statement. After listening to the testimony of the police officers, the trial judge denied the motion to suppress.

The matter proceeded to trial before a twelve person jury on June 27 and 28, 1995 who unanimously found defendant guilty as charged.

On the date set for sentencing, the trial judge considered and denied defendant's motion for post-verdict judgment of acquittal, motion for new trial, and motion to modify jury verdict and render a judgment of conviction to a lesser included responsive offense. Following these denials, defendant waived sentencing delays. The judge then sentenced him to life imprisonment at hard labor without benefit of parole, probation, or suspension of sentence. Defendant appeals.

ASSIGNMENT OF ERROR NUMBER ONE

MOTION TO SUPPRESS

Defendant urges that the trial court erred in denying his motion to suppress the (drug *1242 and weapon) evidence and inculpatory statement, which were introduced at trial. Specifically, defendant argues that the actions of the officers in initially stopping him at the hotel room constituted an arrest, and not merely an investigative detention. Defendant further argues that this arrest was without probable cause and, therefore, the evidence seized pursuant to that arrest, and appellant's subsequent confession, should have been suppressed as the product of an illegal arrest and search.

At the suppression hearing, Lieutenant Raymond Gibbs and Agent O.J. Orgeron testified regarding the facts and circumstances leading to defendant's arrest on October 27, 1994. The officers testified that they received information from a reliable confidential informant that defendant and a lady by the name of Dana Ronquille were presently residing at the Bon Soir Motel, Room 53, in Westwego, Louisiana, and that they were trafficking heroin out of that motel room. In addition, the confidential informant told the officers that after people would visit the room, defendant would usually make a trip to New Orleans to pick up the heroin. The informant also said that defendant was carrying a weapon which he thought was a .38 caliber pistol.

With regard to the reliability of this confidential informant, the officers testified that they are familiar with the informant and that he has proven to be reliable in the past by giving information resulting in drug arrests, drug seizures, and convictions. Lieutenant Gibbs further testified that they had received information in the past about the defendant, and that there was an on-going investigation involving Waldo Short trafficking in heroin.

After receiving this information, the officers went to the Bon Soir Motel and initiated surveillance on Room 53 at approximately 8:20 p.m. on October 27, 1994. Shortly thereafter, they noticed a white male subject go to Room 53 and knock on the door. A woman, whom the officers recognized as Dana Ronquille, exited the room and met with this individual. After a brief conversation, the subject left, and Dana Ronquille went back into the room.

A few minutes later, the officers observed defendant and another white male exit Room 53 and enter a small vehicle. Officers Gibbs, Greenwood and Tran, in three separate vehicles, began a moving surveillance of this vehicle and observed that it was traveling eastbound on the elevated portion of the Westbank Expressway, appearing to be headed towards New Orleans. The officers then observed the vehicle, which was proceeding in a very cautious manner, exit the elevated expressway and travel in erratic directions. Specifically, the vehicle made several U-turns, pulled onto the side of the road, went into a neighborhood in Gretna, but eventually returned to the elevated expressway going towards New Orleans. The officers terminated the moving surveillance because they felt that the subjects knew they were being followed and they did not want to jeopardize their investigation. Moreover, they did not want to travel into Orleans Parish at that time.

After they discontinued the moving surveillance, the officers returned to the Bon Soir Motel and re-established surveillance on Room 53 to see if defendant returned. At approximately 10:00 p.m., defendant and the other white male, who had left with him, arrived at the motel and parked away from the room, on the opposite side of the motel from where they were originally parked.

Lieutenant Gibbs testified that, based on the information received from the informant, as well as the activities the officers observed during their surveillance, he believed that defendant had purchased heroin in New Orleans and was returning with it. Accordingly, as defendant and the white male walked towards the room, Officers Orgeron and Gibbs decided to approach and investigate. The officers, who were in their police raid jackets (which had "Police" written on the back and the sheriff's office insignia on the front), identified themselves as police officers, and asked the two subjects to put their hands on the wall of the motel. In addition, Officer Orgeron advised the subjects of their rights and told them that they were under investigation.

At this point, Officer Gibbs asked defendant to let go of a plastic Kentucky Fried *1243 Chicken bag that he had clutched in his hand, fearing that it might contain a weapon. The defendant refused; however, when the officer insisted, defendant took his right hand off the wall and let the bag go. In this same motion, defendant tossed a clear plastic bag to the ground that contained some tin foil packets.

Officer Gibbs then conducted a pat down search of defendant, and in his right front coat pocket, he felt what he thought was a gun. The officer retrieved the gun which turned out to be a .38 caliber revolver and then continued the pat down search. In defendant's same right coat pocket, the officer discovered what he suspected to be cocaine. Defendant was subsequently advised of his rights and placed under arrest. Officer Orgeron thereafter conducted a field test on the packet that defendant threw to the ground and on the substance found in defendant's pocket. Both tests proved positive for the presence of cocaine.

Defendant was subsequently transported to the investigation bureau. Then, claiming that the narcotics belonged to Ms. Ronquille, defendant agreed to give a statement. The officer again advised defendant of his rights and defendant executed a waiver of rights form at that time. The officer read and explained the form to defendant and defendant indicated that he understood the form and wished to give a statement. In this statement, he admitted that he had in his possession some cocaine and heroin. According to defendant, he went across the river and bought the bundle of heroin for $375.00 from a dealer in Orleans Parish.

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Cite This Page — Counsel Stack

Bluebook (online)
668 So. 2d 1240, 1996 WL 34112, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-short-lactapp-1996.