State v. Stan

703 So. 2d 83, 1997 WL 710134
CourtLouisiana Court of Appeal
DecidedOctober 29, 1997
Docket97-K-2195
StatusPublished
Cited by8 cases

This text of 703 So. 2d 83 (State v. Stan) 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. Stan, 703 So. 2d 83, 1997 WL 710134 (La. Ct. App. 1997).

Opinion

703 So.2d 83 (1997)

STATE of Louisiana
v.
Henry STAN.

No. 97-K-2195.

Court of Appeal of Louisiana, Fourth Circuit.

October 29, 1997.
Writs Denied February 18, 1998.

Harry F. Connick, District Attorney, Michael Daniels, Assistant District Attorney, Parish of Orleans, Brandi Hilden, Law Clerk, New Orleans, for Plaintiff/Relator.

JONES, Judge.

STATEMENT OF THE CASE

The State of Louisiana seeks review of the trial court's ruling granting defendants' Motion to Suppress Evidence. We grant relator's writ but deny relief. Defendant Henry Stan was charged with possession of heroin. He filed various motions including a Motion to Suppress Evidence allegedly found in his possession. The trial court granted the motion and this timely writ application follows.

STATEMENT OF THE FACTS

The sole witness to testify at the motion hearing was Officer Clarence Gillard of the Fifth District Narcotics Section. He testified that, on April 15, 1997, he and three other officers were patrolling in unmarked police vehicles. They were near the intersection of Clouet and Burgundy Streets because they had received numerous complaints of illegal narcotics activity in that area. As they approached the intersection, they saw a *84 red pick-up truck parked in a river-bound direction. They also observed Howard Stan[1] whom they recognized "from previous narcotics arrests from that same area." Officer Gillard and his partner Detective Rousseve also recognized the defendant Henry Stan, who was in the driver's seat of the pick-up truck, as a man whom they had arrested for a narcotics violation in March. Officer Gillard testified: "Based on that information, we believed that a narcotics transaction was in process (sic), we exited our police vehicles to further investigate." Upon exiting their vehicles and identifying themselves as police officers, Detective Rousseve ordered the defendant and the passenger out of the vehicle. As the defendant complied, he placed a small silver tin foil packet on the seat of the truck. The officers were able to recognize the object as typical packaging of heroin and seized it. The defendant's arrest for possession of heroin followed.

On cross-examination of Officer Gillard, defense counsel elicited the fact that the four officers were patrolling in two unmarked police vehicles. When the officers observed the defendant's parked truck, the officers positioned the police cars so that the truck could neither move forward nor backward. One of the police cars stopped perpendicular to the front of the defendant's truck, but according to Officer Gillard, the officers in that car did so in a "main goal" of stopping Howard Stan "who had turned and walked away from the vehicle when he realized that we were there."

Officer Gillard never stated exactly where Howard Stan was in relation to the defendant or his truck. There was no testimony to show what Howard Stan was doing near the vehicle, i.e., speaking to one of the occupants, leaning into the vehicle, etc. Officer Gillard only testified that Howard Stan was near it the vehicle.

DISCUSSION

As this Court recently noted in State v. Hill, 97-1012, p. 2-3 (La.App. 4th Cir. 9/17/97), 700 So.2d 551, 552:

In State v. Sneed, 95-2326, p. 3 (La.App. 4th Cir. 9/11/96), 680 So.2d 1237, 1238[2], this Court described the standard to support an investigatory stop:

An individual may be stopped and questioned by police if the officer has a reasonable suspicion that the person "is committing, has committed, or is about to commit an offense." La.Code Crim. Proc.Ann. art. 215.1. While "reasonable suspicion" is something less than the probable cause needed for an arrest, it must be based upon particular articulable facts and circumstances known to the officer at the time the individual is approached. State v. Smith, 94-1502, p. 4 (La.App. 4th Cir. 1/19/95), 649 So.2d 1078, 1082. The officer's past experience, training and common sense may be considered in determining if the inferences drawn from the facts presented were reasonable. State v. Jackson, 26,138 (La.App. 2nd Cir. 8/17/94), 641 So.2d 1081, 1084.
See also State v. Allen, 95-1754 (La. 9/5/96), 682 So.2d 713; State v. Williams, 95-1971 (La.App. 4th Cir. 11/16/95), 665 So.2d 112.

In Hill police officers were on patrol in an area where they had received a general tip of narcotics activity. As they arrived at the corner, they saw two men sitting or standing in front of an abandoned building. When the men saw the officers, they walked away in opposite directions. The officers stopped and frisked the men, who were unknown to them. Nothing was found in the frisk. However, the officers obtained the men's names, and a warrant check resulted in the defendant's arrest for an outstanding attachment. Contraband was found in a search incidental to the arrest. On review, this Court found no error in the trial court's ruling granting the motion to suppress because the officers "had nothing to indicate" that the defendant or his companion was engaged in criminal activity. Hill, p. 3, 700 So.2d at 552.

*85 In its application to this Court, the State relies upon State v. Burnett, 513 So.2d 391 (La.App. 4th Cir.1987), in which two officers were patrolling a high-crime area of the city. The officers, who were in plain clothes and driving an unmarked vehicle, saw the defendant and a companion standing on a street corner known as a place where drug sales had occurred. As the officers parked and watched, a known drug dealer approached the couple, spoke to the defendant's companion, shook hands, then left. The man returned a short time later, shook hands with the companion again, then departed. As the defendant and her companion walked away, the officers followed in their vehicle, then confronted the couple a few blocks later. When the officers did so, the companion shouted police, and the defendant dropped a bag containing cocaine. In finding that the trial court did not err in denying the defendant's motion to suppress the cocaine, this Court stated:

The officers testified that they suspected defendant and Calvin Dominick [her companion] to have been involved in an illegal-drug transaction. If their suspicion was reasonable, that is based upon sufficient knowledge of facts and circumstances to justify stopping the couple, then the officers were authorized under La.C.Cr.P. art. 215.1 to stop the couple and demand of them their names, their addresses, and an explanation of their actions. The officers knew that they were in an area with a high incidence of illegal-drug traffic, that the actions of the participants in the encounter they observed on the street corner were consistent with an illegal-drug transaction, and that one of the participants was a dealer of illegal drugs.
The so-called high crime areas are places in which the character of the area gives color to conduct which might not otherwise arouse the suspicion of an officer. The reputation of an area is an articulable fact upon which a police officer may legitimately rely and which is relevant in a determination of reasonable cause. [Citations omitted.] The officers were also justified in relying on their prior experiences to recognize the activity they observed as consistent with an illegal drug transaction and to recognize of the participants as a man known by them to deal in illegal drugs.

State v. Burnett,

Free access — add to your briefcase to read the full text and ask questions with AI

Related

State v. Vingle
802 So. 2d 887 (Louisiana Court of Appeal, 2001)
State v. Devore
776 So. 2d 597 (Louisiana Court of Appeal, 2000)
State v. Lipscomb
770 So. 2d 29 (Louisiana Court of Appeal, 2000)
State v. Patterson
758 So. 2d 955 (Louisiana Court of Appeal, 2000)
State v. Tyler
749 So. 2d 767 (Louisiana Court of Appeal, 1999)
State v. Martello
748 So. 2d 1192 (Louisiana Court of Appeal, 1999)
State v. Samuel
746 So. 2d 832 (Louisiana Court of Appeal, 1999)
State v. Blasio
720 So. 2d 749 (Louisiana Court of Appeal, 1998)

Cite This Page — Counsel Stack

Bluebook (online)
703 So. 2d 83, 1997 WL 710134, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-stan-lactapp-1997.