State v. St. Romain

157 So. 3d 70, 12 La.App. 3 Cir. 1350, 2013 WL 1810585, 2013 La. App. LEXIS 857
CourtLouisiana Court of Appeal
DecidedMay 1, 2013
DocketNo. 12-1350
StatusPublished

This text of 157 So. 3d 70 (State v. St. Romain) 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. St. Romain, 157 So. 3d 70, 12 La.App. 3 Cir. 1350, 2013 WL 1810585, 2013 La. App. LEXIS 857 (La. Ct. App. 2013).

Opinion

CONERY, Judge.

| .^Defendant, Anthony St. Romain, was convicted of obstruction of justice, a violation of La.R.S. 14:130.1, on July 10, 2012. The trial court suspended imposition of his sentence pursuant to La.Code Crim.P. art.. 893 and placed him on supervised probation for one year.

Defendant has appealed his conviction only, asserting two assignments of error:

I.

The evidence introduced at the trial of this case, when viewed under the Jackson v. Virginia, 443 U.S. 307, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979) standard, was insufficient to prove beyond a reasonable doubt that Anthony St. Romain was guilty of the crime of obstruction of justice.

II.

Counsel representing Anthony St. Ro-main erred in failing to: 1) object when the State questioned witnesses about any statements made by Anthony St. Romain concerning the allegations in question or, 2) seek the suppression of the oral statements pre-trial. Appellant was prejudiced by the admission of the testimony concerning these alleged oral statements.

For the following reasons, we affirm the conviction.

FACTS

Defendant was employed as a police officer with the Cottonport Police Department. On the evening of May 5, 2011, and morning of May 6, 2011, he was the supervising officer on duty with two others, Officer Travis Goudeau, who had not yet been P.O.S.T.-certified,1 and Officer Ron-[72]*72aid Heath.2 Between 12:00 and 1:00 a.m., Officer Goudeau observed a vehicle run a stop sign, and he initiated a traffic stop. Officer Goudeau testified that, as the vehicle was stopping, he |4observed an orange bottle being thrown out of the passenger-side window.3 Defendant and Officer Heath subsequently responded to the scene of the traffic stop. After they arrived, Officer Goudeau picked up the bottle that had been thrown from the vehicle. Officer Goudeau opened the bottle and found that it held two cellophane bags, one containing three or four blue pills, and the other, a substance that appeared to be crack cocaine. Officer Goudeau testified that Defendant and Officer Heath saw the contents of the bottle.

Officer Goudeau testified that Defendant subsequently advised Officer Heath to return to patrol. Defendant then stepped away to have a conversation with the driver of the vehicle, Charles Hernandez, but Officer Goudeau could not hear what was said. Officer Goudeau testified Defendant told him that Hernandez could not be arrested because the drugs were not on him or in his vehicle. However, the only occupant of the car was Hernandez, and Officer Goudeau believed he had enough probable cause to make an arrest for illegal possession of a controlled dangerous substance. Officer Goudeau testified that he put the bottle and its contents in his patrol car, and he wrote Hernandez a citation for the traffic violation. Officer Goudeau further testified that, later that night, Defendant “said that he was going to come and get the possible narcotics and dispose of it. So later on that night he did come get it out of my unit and ... I don’t know what he did with it.”

Officer Goudeau testified that once Defendant’s shift ended, he and Officer Heath “figured something wasn’t right,” and they searched the police department, | ¡¡including trash cans and a dumpster, for the bottle. He and Officer Heath completed a report that they both signed. The report read, in. pertinent part:

I ORDERED THE DRIVER TO STEP OUT OF THE VEHICLE THEN I NOTICED SOMETHING ORANGE COLORED BEING THROWN OUT OF THE PASSENGER SIDE WINDOW.OFFICER HEATH AND OFFICER ST. ROMAIN THEN ARRIVED ON THE SCENE TO ASSIST. I THEN OBSERVED WHAT WAS THROWN OUT OF THE PASSENGER WINDOW WHEN I FOUND AN ORANGE MEDICINE BOTTLE UNLABELED.... OFFICER ST. RO-MAIN ADVISED ME NOT TO MAKE AN ARREST OR PURSUE ANY CHARGES BECAUSE THE POSSIBLE NARCOTICS WERE NOT FOUND ON THE SUSPECT OR IN HIS VEHICLE.... MEDICINE BOTTLE CONTAINING POSSIBLE NARCOTICS WAS SECURED AND PLACED INTO MY PATROL CAR. LATER THAT MORNING OFFICER ST. ROMAIN CAME TO MY PATROL CAR AND TOOK POSSESSION OF THE BOTTLE CONTAINING THE POSSIBLE NARCOTICS AND STATED HE WAS GOING TO DISPOSE OF IT.

Officer Goudeau gave the report to Assistant Chief Donald Scully. To Officer Gou-deau’s knowledge, the bottle and its contents were never found.

[73]*73Officer Heath testified that, on the date in question, he and Defendant assisted Officer Goudeau on a traffic stop. Officer Goudeau informed Officer Heath that the suspect threw something out the window of the vehicle. Officer Goudeau retrieved the object, which was a bottle that contained a bag of pills and a bag of cocaine. Hernandez then asked to speak with Defendant, but Officer Heath did not hear the conversation. Defendant subsequently told Officer Heath to return to patrol. Officer Heath returned to patrol because he, Defendant, and Officer Goudeau were the only officers working that night. Officer Heath testified that it was not unusual for Defendant to speak to a suspect before an arrest.

Officer Heath testified that he saw the contents of the bottle and believed them to be controlled dangerous substances. Additionally, Officer Heath felt there was probable cause to arrest Hernandez.

| (¡Officer Heath testified that, at the police department later that night, he heard Defendant talking to Officer Goudeau about disposing of something. Officer Goudeau later told Officer Heath Defendant had taken the bottle from him. Officer Heath testified that he and Officer Goudeau looked around for the bottle in the dumpster and trash cans but did not find it. They then completed a report. Officer Heath testified that because Defendant was a supervisor, it was appropriate for Defendant to take the evidence from Officer Goudeau. Officer Heath agreed that Officer Goudeau did not have a good reason to question Defendant’s authority to take the bottle.

On May 6, 2011, Detective Chad Jean-sonne of the Cottonport Police Department was called by Assistant Chief Scully who asked him to look into the traffic stop that had occurred the previous day. Detective Jeansonne testified that the assistant chief told him that the bottle was allegedly in Defendant’s locker. Detective Jeansonne obtained a search warrant for the locker, but he did not find the bottle therein. Detective Jeansonne also testified that the bottle was not in the evidence locker or anywhere else that was checked.

Detective Jeansonne testified that he met with Officer Goudeau who told him that Defendant overrode his decision during the traffic stop and took the bottle he had found. Officer Goudeau told Detective Jeansonne that he felt Defendant’s conversation with Hernandez was secretive because they spoke in a hushed tone. Officer Goudeau also told Detective Jeansonne that Defendant ordered him to give the bottle to Defendant. Detective Jeansonne testified, “that was completely against the protocol of the police department at that time or any department far as that goes that I’m aware of.” Detective Jeansonne testified regarding the protocol for dealing with evidence seized during a traffic stop as follows:

17Any type of evidence be it drug evidence or anything that constitutes evidence you know, law enforcement officers are taught from day one in their career to be highly mindful of what you do with the evidence.

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Bluebook (online)
157 So. 3d 70, 12 La.App. 3 Cir. 1350, 2013 WL 1810585, 2013 La. App. LEXIS 857, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-st-romain-lactapp-2013.