State v. White

660 So. 2d 515, 1995 WL 497385
CourtLouisiana Court of Appeal
DecidedAugust 23, 1995
Docket27188-CA
StatusPublished
Cited by18 cases

This text of 660 So. 2d 515 (State v. White) 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. White, 660 So. 2d 515, 1995 WL 497385 (La. Ct. App. 1995).

Opinion

660 So.2d 515 (1995)

STATE of Louisiana, Appellee
v.
Elbert WHITE, Jr., Appellant.

No. 27188-CA.

Court of Appeal of Louisiana, Second Circuit.

August 23, 1995.
Rehearing Denied September 21, 1995.

*517 Indigent Defender Board, Edward F. Jones, Shreveport, for appellant.

Paul J. Carmouche, District Attorney, Michael A. Pitman, Asst. District Attorney, Trial Attorney, Shreveport and Tommy J. Johnson, Asst. District Attorney, Counsel on Appeal, Shreveport, for appellee.

Before MARVIN, SEXTON and STEWART, JJ.

STEWART, Judge.

Defendant, Elbert White, Jr., was charged by bill of information with one count of possession with intent to distribute a schedule II controlled dangerous substance (cocaine), a *518 violation of LSA-R.S. 40:967A(1). A unanimous jury convicted him as charged. The state subsequently charged defendant as a third felony offender pursuant to LSA-R.S. 15:529.1. After a hearing, the trial court adjudicated him a third felony offender and sentenced him to life imprisonment without benefit of parole, probation, or suspension of sentence. He appeals his conviction and sentence and assigns ten errors, three of which have not been argued. We affirm.

FACTS

On August 25, 1993, Officer D.E. McDaniels of the Shreveport Police Department was patrolling the Allendale area of Shreveport. Officer McDaniels, a fourteen-year veteran of the police force, had patrolled this area for over ten years and was very familiar with its reputation as a high crime area involving drug activity. He had also performed undercover drug transactions and was familiar with the procedure.

Officer McDaniels saw the defendant conduct what appeared to be a drug transaction with an individual at a vacant lot at the corner of Webster and Ford Streets. However, because of insufficient back-up, he did not arrest defendant and continued to patrol this area over the next several days. Officer McDaniels also returned to the area a day or two later and warned defendant that the police were suspicious of his actions and would continue to watch him.

On August 28, 1994, Officer McDaniels returned again to the vacant lot, this time accompanied by seven or eight other police officers in an "organized routine patrol strike" to conduct field interviews and an investigation. Once they arrived in the area, the police approached the vacant lot from both the front and back. Defendant and several other people were sitting on blankets at the vacant lot when the police arrived. Upon seeing the police, defendant immediately stood up, took several steps, and then began to run. The police gave chase on foot, but did not draw their weapons.

Defendant ran toward a wooded area near one side of the vacant lot. Several officers pursued defendant, who continued to run from the area. Another police officer radioed the location of the defendant to officers in other nearby patrol cars. One of the pursuing officers, David Pickett, saw defendant take money from his right pants pocket and exchange it to his left hand as he was running.

Officer Dianne Thomas, who received the radio message that defendant was running in her direction, stopped and backed up her car. At that time, defendant emerged from a nearby alley and ran into Officer Thomas' car, knocking defendant to the ground. At about the same time, Officer McDaniels saw defendant throw down a matchbox and some money from his left hand. Officer Pickett saw defendant discard only the money.

The defendant stood up and began to run again, but Officer Pickett apprehended him. Officer McDaniels picked up the matchbox and looked inside to discover what he suspected to be illegal drugs. Officer Pickett conducted a field test on the substance and confirmed it to be 4.4 grams of crack cocaine. Testimony at trial revealed that possession of this amount of cocaine at one time was inconsistent with personal usage and was instead consistent with usage for distribution purposes.

DISCUSSION

Assignment No. 1: Trial court erred by not granting defendant's motion to suppress evidence.

In this assignment of error, defendant contends that the trial court erred by failing to grant his motion to suppress the evidence. Specifically, he contends that the Shreveport police had no reasonable grounds or probable cause to stop, detain, or search him and that the warrantless search was a violation of his constitutional rights. Thus, defendant avers that the abandoned matchbox containing the cocaine should have been suppressed.

The right of law enforcement officers to temporarily detain and interrogate persons reasonably suspected of criminal activity is well established. Terry v. Ohio, 392 U.S. 1, 88 S.Ct. 1868, 20 L.Ed.2d 889 (1968); State v. Fauria, 393 So.2d 688 (La.1981); State v. Taylor, 363 So.2d 699 (La.1978); LSA-C.Cr.P. Art. 215.1. The right to make *519 an investigatory stop must be based on reasonable cause to believe that the suspect has been, is, or is about to be engaged in criminal activity. State v. Washington, 621 So.2d 114 (La.App. 2d Cir.), writ denied, 626 So.2d 1177 (La.1993); State v. Patterson, 588 So.2d 392 (La.App. 4th Cir.1991); State v. Thibodeaux, 531 So.2d 284 (La.App. 3d Cir.1987). Reasonable cause for an investigatory stop is something less than probable cause, but the officer must have "articulable knowledge" of particular facts which, in conjunction with reasonable inferences drawn therefrom, provide reasonable grounds to suspect the detainee of criminal activity. State v. Flowers, 441 So.2d 707 (La.1983), cert. denied, 466 U.S. 945, 104 S.Ct. 1931, 80 L.Ed.2d 476 (1984); State v. Washington, supra; State v. Thibodeaux, supra; State v. Rodriguez, 396 So.2d 1312 (La.1981). Whether an officer has a reasonable suspicion to make an investigatory stop should be determined under a totality of the circumstances, in light of the officer's experience, training, and common sense. The officer's experience may be a consideration in ascertaining whether his inferences from the given facts were reasonable. State v. Jackson, 26,138 (La. App. 2d Cir. 08/17/94), 641 So.2d 1081; State v. Leary, 627 So.2d 777 (La.App. 2d Cir. 1993), writ denied, 93-3187 (La. 03/25/94), 635 So.2d 237.

Flight, a furtive gesture, nervousness, or startled behavior at the sight of a police officer is not, by itself, sufficient to justify an investigatory stop. However, this type of conduct may be a factor leading to a finding of reasonable cause. State v. Jackson, supra. Further, presence in a high crime area, coupled with nervousness or flight or suspicious actions upon approach of the officers is sufficient to justify an investigatory stop. State v. Taylor, 363 So.2d 699 (La.1978); State v. Jackson, supra. Such a high crime area is a place in which the character of the area gives color to conduct which might not otherwise raise the suspicion of an officer. State v. Buckley, 426 So.2d 103 (La.1983).

When police officers make an investigatory stop without legal justification, property abandoned or otherwise disposed of as a result thereof cannot be legally seized. However, if the property is abandoned without any prior unlawful intrusion into a person's right to be free from government interference, then such property may be lawfully seized. State v. Belton, 441 So.2d 1195 (La.

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Bluebook (online)
660 So. 2d 515, 1995 WL 497385, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-white-lactapp-1995.