State v. Vinson

482 So. 2d 48
CourtLouisiana Court of Appeal
DecidedJanuary 13, 1986
Docket85-KA-383
StatusPublished
Cited by5 cases

This text of 482 So. 2d 48 (State v. Vinson) 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. Vinson, 482 So. 2d 48 (La. Ct. App. 1986).

Opinion

482 So.2d 48 (1986)

STATE of Louisiana
v.
Mark VINSON.

No. 85-KA-383.

Court of Appeal of Louisiana, Fifth Circuit.

January 13, 1986.

*49 John M. Mamoulides, Dist. Atty., Dorothy A. Pendergast, Asst. Dist. Atty., Research and Appeals, Gretna, for plaintiff-appellee.

Joseph R. Depaoli, New Orleans, for defendant-appellant.

Before CHEHARDY, KLIEBERT and CURRAULT, JJ.

CURRAULT, Judge.

On February 21, 1985, the defendant, Mark A. Vinson, was charged by a bill of information for violating LSA-R.S. 40:966 in that he did knowingly and intentionally possess with intent to distribute a controlled dangerous substance, to wit: marijuana. On May 8, 1985, the defendant represented by counsel, was arraigned and pled not guilty to the charge.

On May 23, 1985, counsel for the defense filed two motions to suppress: a motion to suppress inculpatory statements and a motion to suppress unconstitutionally seized evidence.

A hearing on the motion to suppress unconstitutionally seized evidence was held on June 10, 1985. In lieu of Detective Akins taking the witness stand, by stipulation of counsel, the trial court reviewed his report dated February 21, 1985, and accepted it as his testimony. After reviewing the record, the court denied the motion on the basis that the agent had probable cause to make the arrest and search. At that point, the defendant withdrew his former plea of not guilty and tendered to the court under State v. Crosby, 338 So.2d 584 (La.1976) a plea of guilty to simple possession of marijuana, LSA-R.S. 40:966(C). The plea was acceptable to the state and the bill of information was amended to a charge of simple possession of marijuana.

Following a Boykin colloquy, the defendant waived all legal delays and requested immediate sentencing. The court sentenced the defendant to serve a term of six months in the Jefferson Parish Correctional Center.

The defendant subsequently appealed the conviction and sentence, alleging as error the following:

(1) that the trial court erred in overruling the motion to suppress evidence; and

(2) that the sentence of six months in the Jefferson Parish Correctional Center in this case was excessive on conviction of misdemeanor possession of marijuana.

The facts, as presented in Detective Akins's report, are as follows:

"(1) On 2/21/85, Agent Akins received a phone call at the Narcotics office from a Confidential Informant, who stated he *50 knew a white male by the name of Mark Vinson who was holding 5 lbs of Marijuana. It should be known that this informant has supplied Agents with information which has lead (sic) to arrest and conviction with the seizure of narcotics.
(2) The CI stated that he was able to score from the subject, but the only problem was, this subject had already broke (sic) the weed down and he was only selling in large amounts, but this weed was located at 5009 Rochester Drive, Marrero, La.
(3) The CI also stated to Agent Akins via phone at the Narcotics office, that Mark Vinson was noted for hiding his Marijuana in very strange places. Once Mark carried his weed to a wooded area and put the weed in a tree, Mark has placed weed in garbage bags and left the weed in a trash can overnight. Also he digs holes in the ground of his back yard and covers the weed. The CI terminated the conversation by stating that Mark wasn't home at this time, but the weed was there. Mark had gone to the Blue Lagoon Lounge located on Ames Blvd., this is his place of employment. Also Mark had carried a few ounce bags to deal to a few of his special friends at said location, and he was driving a brown van, bearing La. license T026305.
(4) Agent Akins then departed the Narcotics office and went to the West Bank and located the Blue Lagoon, where Agent found a brown van bearing La. license T026305. Agent Akins then took a surveillance point on the vehicle. After approx. 30 minutes of surveillance time having passed, Agent observed two white males exit the lounge. One Agent knew (sic) to be Mark Vinson, having been shown this subject before by the CI. Mark went to the van, removed something and passed it to the other white male who in return passed something to Mark. This type of transaction lead (sic) Agent to believe it was a drug transaction, the other white male departed the area in a grey pickup truck, this took place at approx. 1:45 P.M.
(5) Mark returned back inside and after a short period of time, Mark departed the area in the van. Agent having called for assistance, followed the van and a vehicle stop was made at Lapalco and Barataria. At this time it was then learned that Mark was in possession of Marijuana, approx. $1,492.00 and a note pad which contained possible drug notes or drug figures. Agent Akins then advised Mark of his rights, placed him under arrest and seized the above material as evidence. After speaking with Mark, it was then learned that Mark wished to cooperate with the Agents and he signed a Consent Search form for his residence.
(6) Agent Akins being assisted by Sgt. Dillon, Det. Swan and Sgt. Dorsey went to 5009 Rochester Drive, Marrero, La., the residence of Mark Vinson. Upon arriving at said location, Mark was allowed to open the door to 5009 Rochester. Agent made a security check of the residence and learned that Mark was making arrangements to move. Agent Akins began searching the residence and found and seized assorted papers showing that Mark did reside at the address. Agent Akins also found and seized one large green garbage bag containing ten clear plastic bags, each containing a green vegetable material, which was identified as Marijuana by Agent Akins. This was seized from a boat which was chained under the carport. The Marijuana was well hidden in the boat. Agent Akins again advised Mark of his rights and the additional charges. Agent continued the search finding no other evidence. Mark was allowed to secure his residence and transported to the Narcotics office where he was booked accordingly. At the office Mark was given a copy of the Consent Search and all evidence seized."

The issue in the first assignment of error is whether the informant's tip, together with the police officer's observations, established the requisite probable cause to justify the warrantless detention of the defendant.

*51 In this regard, a recent United States Supreme Court ruling in Illinois v. Gates, 462 U.S. 213, 103 S.Ct. 2317, 76 L.Ed.2d 527 (1983) reviewed the area of law concerning confidential informant's tips and the ensuing police actions.

In Gates, the police department of Bloomingdale, Illinois received an anonymous letter stating that the respondents were engaged in selling drugs. The letter included a detailed description of the respondent's drug activity, including their future plans to travel to Florida to pick up drugs and bring them back to Illinois. The police made arrangements for surveillance of their activities. Once it was determined that the statements made in the letter proved correct, a warrant was issued and the respondents were arrested. Based on the above facts, the court reasoned:

"We agree with the Illinois Supreme Court that an informant's `veracity' `reliability' and `basis of knowledge' are all highly relevant in determining the value of his report.

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Bluebook (online)
482 So. 2d 48, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-vinson-lactapp-1986.