State v. Simms

571 So. 2d 145, 1990 WL 192900
Supreme Court of Louisiana·Decided December 3, 1990·No. 90-K-0074·Published·Cited by 53 cases

Opinion

571 So.2d 145 (1990)

STATE of Louisiana
v.
Perry Leo SIMMS.

No. 90-K-0074.

Supreme Court of Louisiana.

December 3, 1990.

*146 Edward James Lopez, for Perry Leo Simms, defendant-applicant.

Morgan J. Goudeau, III, Dist. Atty., David Miller, for State of La., plaintiff-respondent.

LEMMON, Justice[*].

In defendant's application to review his conviction of second degree murder, the issue which prompted this court's grant of certiorari is whether defendant's confession should have been suppressed as the product of an illegal arrest which was not supported by probable cause.

On the evening of July 31, 1987, Mary Robertson (the twenty-one-year old murder victim) returned home from work at about 10:00 p.m. Shortly thereafter Mary walked across the street to defendant's home to answer a telephone call, because the Robertsons did not have a telephone and Mary and her sister regularly received their telephone calls at the Simms' home. Mary *147 returned a few minutes later and retired for the night.

Around midnight John Robertson, Mary's father, was awakened by a knock at the kitchen door. He then saw Mary pass his bedroom door wearing a shirt and gym shorts. He overheard parts of a conversation between Mary and the unknown visitor who apparently informed Mary that there was a telephone call for her sister from McDonald's, where both Mary and her sister worked. Mary stated that she was puzzled about the call because her sister was scheduled to go to work at 5:00 a.m. Robertson then heard Mary walk with bare feet out of the house and down the driveway toward the Simms' house. Assuming that Mary was going across the street to the Simms' house to answer the phone call, Robertson soon fell back asleep.

When Robertson awoke again about 2:00 a.m., he noticed that the kitchen door was still ajar and the kitchen light was still lit. Realizing that Mary had not returned, he woke his wife and his other daughter, and they went to the Simms' house to search for Mary. Defendant's brother, who was just returning home for the night, met the Robertsons at the door. After checking inside the house, defendant's brother reported that Mary was not there and that defendant, the only person in the house, was asleep in bed. Robertson then briefly searched the neighborhood without success. Believing that his daughter would not have voluntarily left the neighborhood under such circumstances, he reported to the police that she was missing.

Later that morning, defendant's mother called the police because she was disturbed about Mary's disappearance. She advised the police that she had found a bed sheet containing two small blood stains folded in her daughter's bedroom closet and that the sheet had been on her daughter's bed when she went out the previous evening. She also told the police that her grandchild had found a pearl earring, identical to the type always worn by Mary, on the floor of her daughter's bedroom, next to the closet where the sheet was found. She further related that everyone in her household except defendant had gone out the previous evening and that the washing machine containing defendant's clothes was running when she returned home after 2:00 a.m.

Suspecting foul play, the police went to the Simms' residence to investigate. They asked defendant to accompany them to the police station for questioning, and defendant consented. Defendant's sister accompanied him to the station and waited in the lobby.

Taking defendant into an office, the police advised him of his constitutional right against self-incrimination, obtained his signature on a "waiver of rights" form, and questioned him for about one hour. Defendant denied any involvement in Mary's disappearance, but when he voluntarily lifted his shirt in compliance with the officers' request to check for cuts and scratches, he was unable to explain a fresh scratch on his back.

Defendant was then placed in the locked "bonding room", a place in the jail facility where inmates were allowed to visit with family and to talk to bail bondsmen. The police left the station about 5:00 p.m. to conduct further investigations, but developed no additional information in the next three to four hours.

Defendant's mother, concerned about her son, went to the jail at 11:00 p.m. to check on him. She was told that he was being detained and that she could not speak with him then.

About 12:30 a.m., two new detectives awoke defendant and questioned him for about ten minutes. Defendant stated that he was too tired to talk.

About 1:00 a.m. one of the original investigating officers went into the bonding room and began another questioning session. After defendant talked about his personal life for about an hour and a half, he stated he was ready to talk. He then confessed to having lured the victim to his home and strangling her on his sister's bed until she bled from her nose. After daylight he led the officers to the victim's body, which he had hidden in a septic tank near his house.

*148 Upon being indicted, defendant moved to suppress the confession, but his motion was denied. At trial the confession was admitted into evidence, and the jury returned a verdict of guilty of second degree murder.

The court of appeal affirmed. 554 So.2d 757. The court determined that defendant was under arrest at least by the time he was locked in the bonding room, at which point the officers did not have probable cause to arrest him. In reaching the decision on lack of probable cause and the consequent illegality of the arrest, the court placed great emphasis on the statement of one officer that the police "did not even know that a crime had been committed" until defendant confessed. Id. at 761. Nevertheless, the court held that the confession was admissible because it was voluntarily given and was sufficiently attenuated from the illegal arrest so that it was purged of the taint of the illegal arrest.

We granted certiorari. 559 So.2d 1382. In granting defendant's application, we were particularly concerned about the intermediate court's conclusion that defendant's confession was sufficiently attenuated from the arrest which was found by that court to be illegal. Upon reviewing the record, however, we conclude that the arrest was supported by probable cause. Accordingly, we conclude that the voluntary confession followed a valid arrest and that the motion to suppress the confession was properly denied. It is therefore unnecessary for us to reach the attenuation issue.

On the threshold issue of the point at which the arrest occurred, the court of appeal correctly reasoned that the initial voluntary interview at the stationhouse turned into an arrest prior to defendant's confession. An arrest occurs when the circumstances indicate an intent by the police to effect an extended restraint on the liberty of the accused, rather than at the precise time the officer tells the accused he is under arrest. La.Code Crim.Proc. art. 201; State v. Rebstock, 418 So.2d 1306 (La.1982). The Supreme Court has emphasized that "any assessment as to whether police conduct amounts to a seizure implicating the Fourth Amendment must take into account `all the circumstances surrounding the incident' in each individual case". Michigan v. Chesternut, 486 U.S. 567, 108 S.Ct. 1975, 100 L.Ed.2d 565 (1988) (quoting INS v. Delgado,

State v. Simms, 571 So. 2d 145, 1990 WL 192900 (La. 1990).

571 So. 2d 145 (State v. Simms) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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