State v. Sterling

641 So. 2d 696, 1994 WL 388976
CourtLouisiana Court of Appeal
DecidedJuly 27, 1994
Docket94-K-0794
StatusPublished
Cited by5 cases

This text of 641 So. 2d 696 (State v. Sterling) 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. Sterling, 641 So. 2d 696, 1994 WL 388976 (La. Ct. App. 1994).

Opinion

641 So.2d 696 (1994)

STATE of Louisiana
v.
Ralph STERLING.

No. 94-K-0794.

Court of Appeal of Louisiana, Fourth Circuit.

July 27, 1994.

Harry F. Connick, Dist. Atty., Philip Spence, Asst. Dist. Atty., Paul C. Fleming, Jr., New Orleans, for relator.

Kevin Boshea, Regan, Manasseh & Boshea, New Orleans, for respondent.

Before BARRY, BYRNES, and ARMSTRONG, JJ.

BYRNES, Judge.

ON APPLICATION FOR WRITS

The state requests a review of the trial court's ruling granting defendant's motion to *697 suppress evidence where the defendant was charged with possession with intent to distribute cocaine. We reverse and remand.

At the motion hearing Officer Eddie Selby testified that he received information from a reliable confidential informant that a person by the name of Ralph Sterling was supplying drugs on a wholesale level in the Iberville Housing Project. The informant related that Sterling kept the bulk of his supply of drugs at his mother's residence at 2755 Toulouse Street, then transported them in the late afternoon to 1314 Bienville Street, his girlfriend's apartment, which defendant used as a distribution outlet to drug retailers. Officer Selby testified that a surveillance of both residences was established on May 18, 1994. Selby stationed himself at the Toulouse Street residence. At approximately 4:10 p.m., he saw a man, who was later identified as Ralph Sterling, leave the residence. Carrying a brown paper bag, the man got into a 1982 tan Crown Victoria. The officer followed Sterling into the project where he stopped near 1314 Bienville Street. Sterling got out of his vehicle, looked around, reached back into the vehicle, took the paper bag, walked to 1314 Bienville, opened the front door with a key, entered the residence, placed the brown paper bag inside to the left of the front door, and then went back to his vehicle.

Based on these observations, the police officers stopped Ralph Sterling and placed him "under investigation" although he was not free to leave. When asked if he stayed at the residence, Sterling replied that he did not. After the officers told him they saw him enter with a key, Sterling said that he stayed there with his girlfriend. Testifying that the location was known to be a high drug trafficking area of the Iberville Project, and that the police thought that someone at the residence might dispose of the contraband or take it away, Officer Selby stated that the officers used the key to go inside the residence at 1314 Bienville, recovered the bag just inside the door, and discovered that it contained what appeared to be crack cocaine.

The officers then formally arrested Sterling and secured the residence. Officer Selby went back to police headquarters and prepared search warrant affidavits for 1314 Bienville Street and 2755 Toulouse Street. The ensuing searches resulted in the recovery of approximately $19,000 from the Toulouse Street residence. The search of 1314 Bienville resulted in the seizure of a small amount of cash, four weapons, and additional cocaine.[1]

The applications for search warrants state that prior to the investigatory stop, the police ran the defendant's record on the computer and found that the defendant had prior narcotic arrests. The applications further provide the information supported by Officer Selby's testimony, including the fact that the defendant "denied any knowledge of the location" when asked about 1314 Bienville Street when the police made the investigatory stop and questioned the defendant.

Officer Selby testified that the confidential informant did not indicate what type of container Sterling used to transport narcotics. Also, the officer stated that the returns on the search warrant were in error in that they showed that the searches occurred at 4:20 p.m., because the warrants were not signed until 6:00 p.m. It was at approximately 4:20 p.m. that Officer Selby first entered the Bienville Street residence.

On June 21, 1993 in case number 364-095 the State filed a bill of information charging the defendant Ralph Sterling with possession of cocaine with the intent to distribute. In case number 364-912 a bill of information was filed on August 4, 1993 in which the defendant was charged with being a convicted felon in possession of a firearm. On November 18, 1993 testimony was taken from Officer Eddie Selby regarding the defense motion to suppress the physical evidence. On March 4, 1994 the trial court heard additional argument and then granted the defendant's motions to suppress. The *698 state applied for writs to review the ruling of the trial court.

On the motion to suppress the evidence, the following issues are presented: (1) whether the officers had reasonable suspicion of criminal activity to justify an investigatory stop; (2) whether the officers had probable cause to detain the defendant and to seize the brown paper bag from inside the residence at 1314 Bienville without a search warrant; and (3) whether probable cause existed for issuance of the search warrants for 1314 Bienville and 2755 Toulouse Street, and the evidence was properly seized.

Initially the state argues that the officers had sufficient reason for an investigatory stop.

LSA-C.Cr.P. art. 215.1(A) provides:

A. A law enforcement officer may stop a person in a public place whom he reasonably suspects is committing, has committed, or is about to commit an offense and may demand of him his name, address, and an explanation of his actions.

In State v. Johnson, 557 So.2d 1030, 1033 (La.App. 4th Cir.1990), this court noted:

"Reasonable suspicion" is something less than the probable cause required for an arrest, and the reviewing court must look to the facts and circumstances of each case to determine whether the detaining officer had sufficient facts within his knowledge to justify an infringement of the suspect's rights....

See also Terry v. State of Ohio, 392 U.S. 1, 88 S.Ct. 1868, 20 L.Ed.2d 889 (1968); State v. Carey, 609 So.2d 897 (La.App. 4th Cir.1992); State v. Albert, 553 So.2d 967 (La.App. 4th Cir.1989).

The defendant refers to State v. Williams, 621 So.2d 199 (La.App. 4th Cir.1993), in which the defendant in that case turned and immediately walked away when the defendant saw the officers on a routine foot patrol in the Iberville Project. The officer saw the defendant "go into his waistband area with both hands." Without "additional suspicious elements" such as factors ranging "from tips to open displays of contraband," this court concluded that, "no other compelling circumstances existed to justify the subsequent detainment and search." This court held that the police must articulate specific facts on which a hunch or suspicion for an investigative stop are based. This court noted that the officer's seizure of a small pipe containing cocaine residue within the waistband of the defendant was unreasonable based on the belief that the small pipe was a gun, without additional information.

The defendant also refers to State v. Alexander, 632 So.2d 853 (La.App. 4th Cir.1994), where a police surveillance supported a tip by a reliable informant establishing that the defendant in that case frequented two locations, drove a green Plymouth Fury with a specific license number. An unidentified man shouted, "police, police". That defendant walked up to the vehicle, looked up and down the street, opened the trunk and placed objects in a brown paper bag.

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

Related

State v. Julian
785 So. 2d 872 (Louisiana Court of Appeal, 2001)
State v. Jackson
772 So. 2d 808 (Louisiana Court of Appeal, 2000)
State v. Thomas
764 So. 2d 1104 (Louisiana Court of Appeal, 2000)
State v. Tanner
696 So. 2d 111 (Louisiana Court of Appeal, 1997)
State v. Randolph
674 So. 2d 413 (Louisiana Court of Appeal, 1996)

Cite This Page — Counsel Stack

Bluebook (online)
641 So. 2d 696, 1994 WL 388976, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-sterling-lactapp-1994.