State v. Thompson

693 So. 2d 282, 1997 WL 200357
CourtLouisiana Court of Appeal
DecidedApril 23, 1997
Docket97-K-0368
StatusPublished
Cited by5 cases

This text of 693 So. 2d 282 (State v. Thompson) 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. Thompson, 693 So. 2d 282, 1997 WL 200357 (La. Ct. App. 1997).

Opinion

693 So.2d 282 (1997)

STATE of Louisiana
v.
Darrol THOMPSON.

No. 97-K-0368.

Court of Appeal of Louisiana, Fourth Circuit.

April 23, 1997.

Harry F. Connick, District Attorney, Orleans Parish, Allison Monahan, Assistant District Attorney, New Orleans, for relator.

Before CIACCIO, JONES and WALTZER, JJ.

WALTZER, Judge.

PROCEDURAL BACKGROUND

This matter comes before us to determine the correctness of the trial court's ruling that contraband be suppressed. The defendant's motion to suppress evidence was heard on 8 February 1996 and granted on 3 April 1996. After this first hearing the State of Louisiana filed a supervisory writ in this court and we denied the State's application. State v. Thompson, 96-0899 (La.App. 4 Cir. 7/10/96), unpublished. On review, the Supreme Court of Louisiana granted writs and in a per curiam opinion remanded the case to the district court for a hearing and determination of "whether the unannounced search was reasonable in view of any law enforcement interests that may have been present at the time. See Wilson v. Arkansas, 514 U.S. 927, 115 S.Ct. 1914, 131 L.Ed.2d 976 (1995)." State v. Thompson, 96-2052 (La.11/15/96), 682 So.2d 745. The hearing was held on 22 January 1997, at the conclusion of which the court *283 again suppressed the evidence. The State now comes before this court seeking relief from this ruling.

FACTS

The initial suppression hearing held on 3 April 1996 revealed the following facts:

On 19 August 1995 police officers received a tip from a confidential informant that cocaine was being sold by a black male at 2509 Congress Street. The officers arranged for a controlled purchase from that address using the informant. While the officers watched, the informant bought one rock of cocaine for $10.00 from a woman standing inside of the residence. The officers then obtained a search warrant for the residence. Using a battering ram, the officers forced the door open preceding their 11 a.m. search. Upon entering, they saw a woman and man running toward the door. The man, later identified as the defendant Darrol Thompson, dropped a bag. While two officers detained the woman and Thompson, another officer retrieved the bag Thompson dropped. Inside the bag the officers found rocks of crack cocaine.

At the conclusion of the hearing the court suppressed the evidence based on the finding that the officers failed to "knock and announce" prior to using the battering ram to open the door to execute the search warrant. The State sought our supervisory jurisdiction; writs were denied by this Court, but the Supreme Court remanded the case for an evidentiary hearing to determine if there were any "law enforcement interests" that may have supported the officers' failure to knock prior to entering the house.

At the second hearing, an officer testified that the warrant for the house had been issued based upon a tip from an informant and an undercover purchase made by the informant. The officer testified that he and his fellow officers decided not to knock and announce prior to executing the warrant because they were concerned that the suspected drugs within could be destroyed before they could enter and that any occupants of the residence could have guns which could be used to injure the officers. The officer admitted that they had no knowledge that there were firearms in the residence; they merely thought there could be firearms in the residence based upon their experience that drug dealers often carried guns. The officer also admitted they had no information concerning the presence of a "lookout" who could warn any occupants of the residence about the officers' presence. He testified the person who used the battering ram usually announced the police presence as he hit the door, but he had no independent recollection of whether that happened in this case, and he agreed that if another officer testified that no announcement was made, that officer would have been correct.

DISCUSSION AND ANALYSIS

The State contends that the trial court erred by granting the suppression motion. It argues once more that the officers were justified in entering the house without knocking and announcing their presence, because they had a reasonable fear that they might be in danger or that those within the house might try to destroy evidence if they announced their presence.

LSA-C.Cr.P. art. 164 provides: "In order to execute a search warrant a peace officer may use such means and force as are authorized for arrest by Title V", the general articles which pertain to arrests. LSA-C.Cr.P. art. 224 provides:

In order to make an arrest, a peace officer who has announced his authority and purpose, may break open an outer or inner door or window of any vehicle, watercraft, aircraft, dwelling or other structure, movable or immovable, where the person to be arrested is or is reasonably believed to be, if he is refused or otherwise obstructed from admittance. The peace officer need not announce his authority and purpose when to do so would imperil the arrest. (emphasis supplied).

The court below based its ruling on Wilson v. Arkansas, 514 U.S. 927, 115 S.Ct. 1914, 131 L.Ed.2d 976 (1995), where the Court held that the failure to "knock and announce" prior to entering a house to execute a warrant may, in the absence of special circumstances, violate the Fourth Amendment to the United States Constitution. The Court traced the origin of the "knock and announce" *284 rule to early common law and stated:

Our own cases have acknowledged that the commonlaw [sic] principle of announcement is "embedded in Anglo-American law," Miller v. United States, 357 U.S. 301, 313, 78 S.Ct. 1190, 1198, 2 L.Ed.2d 1332 (1958), but we have never squarely held that this principle is an element of the reasonableness inquiry under the Fourth Amendment. [footnote omitted] We now so hold. Given the longstanding commonlaw endorsement of the practice of announcement, we have little doubt that the Framers of the Fourth Amendment thought that the method of an officer's entry into a dwelling was among the factors to be considered in assessing the reasonableness of a search or seizure. Contrary to the decision below, we hold that in some circumstances an officer's unannounced entry into a home might be unreasonable under the Fourth Amendment.

Id. at 934, 115 S.Ct. at 1918. The Court further noted that under special circumstances, such as to prevent physical violence, the escape of suspects, or the destruction of evidence, an officer's failure to "knock and announce" prior to entering might not violate the Fourth Amendment.

As in its initial application to this court, the State cites earlier Louisiana cases where the failure to "knock and to announce" did not invalidate a search, but in each of these cases the State showed special circumstances which dispensed with the need for this announcement. Additionally, these cases were decided prior to Wilson`s holding that an unannounced entry may violate the Fourth Amendment. In State v. Thorson, 302 So.2d 578 (La.1974), the officers announced their presence, heard noises inside the residence, and then forced their way inside. The Court found such entry, after announcing,

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

Related

State v. Nelson
817 So. 2d 158 (Louisiana Court of Appeal, 2002)
Harris v. St. Bernard Parish Sheriff's Office
801 So. 2d 1146 (Louisiana Court of Appeal, 2001)
State v. Stewart
785 So. 2d 1053 (Louisiana Court of Appeal, 2001)
State v. Taylor
757 So. 2d 63 (Louisiana Court of Appeal, 2000)
State v. Miskell
715 So. 2d 1261 (Louisiana Court of Appeal, 1998)

Cite This Page — Counsel Stack

Bluebook (online)
693 So. 2d 282, 1997 WL 200357, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-thompson-lactapp-1997.