State v. Watkins

726 So. 2d 994, 1999 WL 25654
CourtLouisiana Court of Appeal
DecidedDecember 16, 1998
Docket98-K-2578
StatusPublished
Cited by2 cases

This text of 726 So. 2d 994 (State v. Watkins) 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. Watkins, 726 So. 2d 994, 1999 WL 25654 (La. Ct. App. 1998).

Opinion

726 So.2d 994 (1998)

STATE of Louisiana
v.
Theodore M. WATKINS & Larry Jones.

No. 98-K-2578

Court of Appeal of Louisiana, Fourth Circuit.

December 16, 1998.

*995 James C. Lawrence, Jr., Lane R. Trippe, Lawrence & Olinde, New Orleans, La, for Theodore Watkins.

Jeffrey L. Smith, New Orleans, La, for Larry Jones.

Court composed of Judge WILLIAM H. BYRNES III, Judge STEVEN R. PLOTKIN, Judge PATRICIA RIVET MURRAY.

PLOTKIN, Judge.

On May 18, 1998, the State filed a bill of information charging Larry Jones and Theodore Watkins, relators herein, with one count each of possession of cocaine with the intent to distribute and possession of heroin. In addition, Watkins was charged with violating La. R.S. 14:95(E), relative to possession of a firearm while in possession of narcotics. The defendants were arraigned and entered not guilty pleas on May 29, 1998. A hearing on motions commenced on July 15, 1998 and concluded on August 5, 1998 at which time the trial court denied the motion to suppress evidence and statements. The defendants objected and gave notice of intent to take writs. This timely writ application followed.

STATEMENT OF THE FACTS:

At the July 15, 1998 hearing the sole witness was Officer Clarence Gillard. He testified that, on February 4, 1998, he was assigned to the Fifth District. He and his partner responded to a call from the police dispatcher stating that two black males were selling narcotics in the 2600 block of North Rocheblave Street. The dispatcher provided clothing descriptions of the two suspects, one of whom was wearing a red long sleeve shirt and the other was wearing a white and black long sleeve shirt. The subjects were further described as standing next to a white Oldsmobile 98 parked in front of 2624 N. Rocheblave. Officer Gillard testified that they had made a few narcotics arrests in the area.

As Officer Gillard and his partner pulled up in front of 2624 N. Rocheblave, they observed two men matching the descriptions provided by the dispatcher. The men, the defendants, were walking up the steps of the front porch of the residence along with a third man, later identified as Roosevelt Walker. When the police officers exited their vehicle, Watkins ran into the house; Gillard's partner, Detective Rousseve, gave chase while Officer Watkins stopped Jones and Walker. As Watkins ran into the house, the officers saw him reach into his front waistband. Once inside the house, Walker discarded a gun and continued running toward the back of the house. When he reached the bathroom, Watkins discarded a small plastic bag. Detective Rousseve retrieved the bag, which contained six tin foil packages which contained what appeared to be heroin. While Watkins was being pursued by Detective Rousseve, Officer Gillard ordered Jones and Walker to lie down on the porch. They did so, but Jones also threw a small plastic bag off the side of the porch into the alley. The plastic bag was recovered and also appeared to contain heroin in foilwrapped packages as well as twenty pieces of individually-wrapped rocks of cocaine and twenty small plastic bags of powdered cocaine. Officer Gillard placed Jones under arrest, and Detective Rousseve placed Watkins under arrest. Roosevelt Walker was not arrested for any of the drugs found, but was booked pursuant to a municipal attachment.

The officers gave both defendants their Miranda rights at the scene and at the station. *996 The defendants were also advised that they should state whether they had any contraband on their persons at which time Watkins disclosed that he had marijuana in his jacket. Detective Rousseve searched Jones and found a plastic bag containing twenty pieces of crack cocaine; Jones indicated he had forgotten it was there.

On cross-examination, Officer Gillard testified that Watkins lived at the house on North Rocheblave. The officers knew neither defendant prior to his arrest. Officer Gillard testified that the officers saw no suspicious activity by either man except that they matched the descriptions provided by the dispatcher and that Watkins ran inside the house when the police appeared. Officer Gillard stated that, while the officers were attired in plainclothes in an unmarked police car, they did have their badges, guns, and radios showing when they exited the car. The car itself was a black Crown Victoria, which, according to Officer Gillard, in that neighborhood would be easily recognized as a police vehicle.

On further cross-examination, Officer Gillard stated that neither defendant was next to the Oldsmobile but that there was a white Oldsmobile parked in front of the residence.

Detective Dwight Rousseve was the sole witness at the hearing on August 5, 1998. His testimony substantially corroborated that of Office Gillard. There were a few discrepancies. Detective Rousseve stated that the third man was Roosevelt Bailey, not Roosevelt Walker. Also, the additional cocaine found at the station was recovered from defendant Watkins, not Jones.

DISCUSSION

After hearing Detective Rousseve testify, the State and defense made arguments to the trial court. The defense argued that there was an insufficient basis for a stop of the defendants, and in particular, an insufficient basis to enter the residence. The State argued that the totality of the circumstances, i.e. a corroborated anonymous tip, an area known for drug activity, and the flight of Watkins, was sufficient to justify an investigatory stop. Therefore, according to the State, the property abandoned was properly seized. The trial court accepted the State's argument that there was sufficient corroboration to justify an investigatory stop, but rejected any abandonment argument, and refused to suppress the evidence.

In their writ application, the relators first focus on the warrantless entry into the defendant's residence and argue that the trial court incorrectly applied a reasonable suspicion to support an investigatory stop standard instead of the higher "probable cause" standard required to support a warrantless entry into a house.

In State v. Page, 95-2401, p. 10 (La.App. 4th Cir.8/21/96), 680 So.2d 700, 709, writ denied 96-2352 (La.2/21/97), 688 So.2d 522, this court discussed the warrantless entry into a protected area:

There is a justified intrusion of a protected area if there is probable cause to arrest and exigent circumstances. State v. Rudolph, 369 So.2d 1320, 1326 (La.1979), cert. den., Rudolph v. Louisiana, 454 U.S. 1142, 102 S.Ct. 1001, 71 L.Ed.2d 294 (1982). Exigent circumstances are exceptional circumstances which, when coupled with probable cause, justify an entry into a "protected" area that, without those exceptional circumstances, would be unlawful. Examples of exigent circumstances have been found to be escape of the defendant, avoidance of a possible violent confrontation that could cause injury to the officers and the public, and the destruction of evidence. State v. Hathaway, 411 So.2d 1074, 1079 (La.1982).

See also State v. Tate, 623 So.2d 908 (La.App. 4th Cir.1993), writ denied 629 So.2d 1126 (La.1993).

"Probable cause to arrest exists when the facts and circumstances known to the officer and of which he has reasonably trustworthy information are sufficient to justify a man of ordinary caution in believing the person to be arrested has committed a crime." State v. Wilson, 467 So.2d 503 (La.1985), cert. denied Wilson v. Louisiana, 474 U.S. 911, 106 S.Ct.

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Related

State v. Banks
800 So. 2d 28 (Louisiana Court of Appeal, 2001)
State v. Martello
748 So. 2d 1192 (Louisiana Court of Appeal, 1999)

Cite This Page — Counsel Stack

Bluebook (online)
726 So. 2d 994, 1999 WL 25654, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-watkins-lactapp-1998.