State v. Wells

45 So. 3d 577, 2010 WL 2723693
Supreme Court of Louisiana·Decided July 6, 2010·No. No. 2008-K-2262·Published·Cited by 111 cases

Opinions

WEIMER, Justice.1

[ | This matter is before the court following reversal of a trial court’s denial of a motion to suppress cocaine seized during a search incident to defendant’s arrest. The issue to be resolved is two-fold: 1) whether the court of appeal employed the proper standard of review in considering defendant’s contentions that the trial court erred; 2) if not, whether the trial court abused its discretion in determining a police officer had probable cause to arrest the defendant for violation of a municipal ordinance which prohibits public intoxication to the degree that one may endanger himself or other persons or property. We find the court of appeal erred in examining the record de novo, without any deference to the trial court’s credibility calls and factual findings, and in concluding the State did not sufficiently establish that defendant was intoxicated to the point of endangering himself as he stumbled near passing traffic through a high crime area in the city of New Orleans during the middle of the night.

| ^Further, we find the State carried its burden of proving to the trial court that the arresting officer had probable cause to arrest defendant for violation of the municipal ordinance prohibiting public intoxication. Thus, we reverse the judgment of the court of appeal and reinstate the eon-viction and three-year sentence imposed by the trial court pursuant to defendant’s Crosby2 plea.

FACTS AND PROCEDURAL BACKGROUND

About 2:25 a.m. on March 3, 2007, Officer Andrew Parker with the New Orleans Police Department was on patrol at the intersection of Canal and North Galvez Streets in the city of New Orleans when he observed a person (later identified as Thomas Wells, the defendant herein) proceeding eastbound on North Galvez. Defendant was staggering and appeared to be intoxicated as he proceeded along the sidewalk.

Officer Parker arrested defendant for public intoxication based on New Orleans Municipal Code § 54-405.3 Having advised defendant of his Miranda rights, Officer Parker conducted a search incident to arrest. The search revealed two pieces of crack cocaine in a clear, plastic bag in defendant’s pants pocket. The defendant told the officer he had purchased the cocaine from someone at a gas station at the corner of Canal and Galvez Streets. He consented to being relocated to the gas station so he could attempt to identify the person who made the sale. However, defendant did not make an identification.

IsOn April 8, 2007, defendant was charged by bill of information with possession of cocaine, a violation of LSA-R.S. 40:967(C)(2). Defendant was arraigned and pled not guilty.

[580] Defendant filed a motion to suppress his statement, as well as the physical evidence.4 At the hearing on the motion to suppress, Officer Parker testified that he arrested defendant because he “appeared very intoxicated.” Defendant was in a “very high-crime neighborhood.” According to the officer’s testimony, the area was plagued with “a lot of drug activity, ... shootings and homicides [and] robberies.” Officer Parker testified he wanted to remove him from the area for defendant’s own safety. Additionally, Officer Parker stated, “I didn’t want him to wander off into traffic and get hit by a car, ... to get robbed.” Under the circumstances, Officer Parker felt it was appropriate to place him under physical arrest because the defendant could endanger himself.

On cross examination, Officer Parker explained that defendant was staggering, not walking in a straight line. He further described the manner in which he was proceeding as “cross-stepping.” His speech was slightly slurred and rapid. Although Officer Parker did not detect an odor of alcohol, defendant’s overall demeanor (the staggering or cross-stepping, slurred speech) indicated defendant was intoxicated.

Based upon the officer’s testimony, the trial court denied the motion to suppress the evidence, specifically finding the officer acted “in good faith.”

Following denial of his motion to suppress evidence in the trial court, defendant entered a Crosby plea and was sentenced to serve three years at hard labor. He appealed.

pFinding the district court erred by denying the motion to suppress the evidence, the court of appeal vacated the trial court judgment. Defendant’s conviction and sentence were reversed. State v. Wells, 08-0211 (La.App. 4 Cir. 8/20/08), 991 So.2d 583.

The State applied for a writ of certiorari claiming the appellate court erred when issuing its ruling by applying a de novo standard of review. This court granted the State’s application. State v. Wells, 08-2262 (La.2/5/10), 27 So.3d 287.

DISCUSSION

This matter is before us for a determination of whether the court of appeal erred in reversing a trial court ruling which denied defendant’s motion to suppress physical evidence. The State argues the court of appeal improperly substituted its judgment for that of the trial court by conducting a de novo review of the underlying facts in this matter. The State urges the proper standard of review for a motion to suppress is review for abuse of discretion. We agree.

This court has recently restated the general rule that appellate courts review trial court rulings under a deferential standard with regard to factual and other trial determinations, while legal findings are subject to a de novo standard of review. State v. Hunt, 09-1589, p. 6 (La.12/1/09), 25 So.3d 746, 751, citing State v. Hampton, 98-0331, p. 18 (La.4/23/99), 750 So.2d 867, 884. When a trial court makes findings of fact based on the weight of the testimony and the credibility of the witnesses, a reviewing court owes those findings great deference, and may not overturn those findings unless there is no evidence to support those findings. Id. A “trial judge’s ruling [on a fact question], based on conclusions of credibility and [581] weight of the testimony, is entitled to great deference and will not be disturbed on |sappeal unless there is no evidence to support the ruling.” State v. Bourque, 622 So.2d 198, 222 (La.1993).

The State bears the burden of proving the admissibility of the evidence seized without a warrant when the legality of a search or seizure is placed at issue by a motion to suppress evidence. LSA-C.Cr.P. art. 703(D). A trial court’s decision relative to the suppression of evidence is afforded great weight and will not be set aside unless there is an abuse of that discretion. Hunt, 09-1589 at 7, 25 So.3d at 752.

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State v. Wells, 45 So. 3d 577, 2010 WL 2723693 (La. 2010).

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