State v. Wiley

507 So. 2d 841
CourtLouisiana Court of Appeal
DecidedMay 1, 1987
Docket87-KA-52
StatusPublished
Cited by10 cases

This text of 507 So. 2d 841 (State v. Wiley) 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. Wiley, 507 So. 2d 841 (La. Ct. App. 1987).

Opinion

507 So.2d 841 (1987)

STATE of Louisiana
v.
Ronald WILEY.

No. 87-KA-52.

Court of Appeal of Louisiana, Fifth Circuit.

May 1, 1987.
Rehearing Denied June 17, 1987.

*842 John M. Mamoulides, Dist. Atty., John Lee, Dorothy Pendergast, Asst. Dist. Attys., Gretna, for plaintiff-appellee.

Anthony R. Crouse, Lawrence & Lawrence, New Orleans, for defendant-appellant.

Before KLIEBERT, BOWES and GAUDIN, JJ.

KLIEBERT, Judge.

The defendant, Ronald Wiley, and a codefendant, Bobby Jefferson, were charged by bill of information with possession with intent to distribute cocaine in violation of La.R.S. 40:967. Prior to trial the defendants filed separate motions to suppress physical evidence seized pursuant to their arrest. Jefferson's motion was granted; Wiley's denied.[1] Wiley thereafter entered a guilty plea but reserved his right under State v. Crosby, 338 So.2d 584 (La.1976) to seek appellate review of the ruling on his motion to suppress. He was sentenced to five years at hard labor with credit for time served.

Upon lodging of the record this court noted sua sponte that the appeal appeared untimely and requested briefs on the issue. In response defense counsel called our attention to the fact that the trial court granted defendant an out-of-time appeal as authorized by State v. Counterman, 475 So.2d 336 (La.1985). Accordingly, we will maintain the appeal and address the issues raised by defendant.

On July 31, 1985 Ronald Wiley and Bobby Jefferson arrived at New Orleans International *843 Airport on flight 532 from Miami, Florida. Detective Sergeant McClay and Agent Whitehead[2] of the Jefferson Parish Sheriff's Office were conducting a routine surveillance of the passengers disembarking from flight 532 because Miami is considered a source city for drug trafficking into the New Orleans metropolitan area. Plain-clothes narcotics agents are routinely assigned to the airport to detect and apprehend drug traffickers by identifying persons who fit a "drug courier profile," which is in essence the collective experiences and observations of narcotics officers regarding common characteristics of drug couriers. The agents observed Wiley and Jefferson as they walked up the concourse. Wiley was carrying a black leather purse; Jefferson, a garment bag which appeared virtually empty. Wiley and Jefferson looked around "apprehensively" before entering a restroom at the top of the concourse. According to the agents, since Wiley and Jefferson's arrival from a source city and their actions were consistent with the drug courier profile, the agents maintained Wiley and Jefferson under surveillance when they exited the restroom.

Thereafter Wiley and Jefferson entered three gift shops in quick succession, remaining only seconds in the first two shops. Wiley remained in the third shop while Jefferson looked around the terminal lobby and re-entered the shop.[3] Wiley and Jefferson then walked past the stairs leading to the baggage claim area. According to the agents this led them to believe they had no additional baggage.

Wiley and Jefferson exited the terminal and proceeded past the passenger pick-up zone and into the adjacent short-term parking lot, leading the agents to believe they had parked a car in the short-term lot, made a "quick trip" to Miami, and were returning to the car. When Wiley and Jefferson were halfway across the lot the agents approached and identified themselves as police officers. Agent Whitehead advised them that "you don't have to, but would you mind answering questions." According to the agents' testimony, both Wiley and Jefferson agreed to answer questions; neither attempted to walk away, although Wiley paced about "nervously". In response to a request for identification, Wiley produced a military discharge form DE244 from his purse. Jefferson was unable to produce any identification documents. When removing the discharge form from the purse Wiley held the purse close to his body as if to conceal its contents, and his hand shook as he handed the form to Agent Whitehead. When questioned as to who was going to drive the car if neither had a license, Wiley and Jefferson responded that they didn't have a car and were waiting for a friend to pick them up. They did not respond when asked why they were not waiting in the passenger zone instead of walking around the shortterm parking lot. Upon request Wiley produced from his purse two airline tickets in his and Jefferson's names. Again he appeared anxious to conceal the contents of the purse, and his hand shook as he handed the tickets to the agents.[4] On further questioning Wiley and Jefferson related that they lived in Miami, were in New Orleans for a short visit to Wiley's mother, and had no baggage other than what they were carrying.

At that point the agents strongly suspected Wiley and Jefferson were carrying drugs into New Orleans from Miami. They *844 identified themselves as narcotics agents conducting an investigation and voiced their suspicion that Wiley and Jefferson were concealing narcotics in the purse or garment bag. According to the agents, Jefferson immediately replied "we don't have anything" and held out the garment bag. Agent Whitehead then advised "you don't have to if you don't want to but may I examine the contents of your luggage and [person]",[5] to which Jefferson replied "go ahead" and Wiley replied "alright". Jefferson handed the garment bag to Agent McClay, who found that it contained only a shirt, a pair of pants, and a pair of shoes. Agent Whitehead asked Wiley and Jefferson whether they were carrying anything on their person. Jefferson raised his pants legs, said "No, I don't have nothing", and started patting himself down. Agent Whitehead then asked Wiley to raise his pants legs. He quickly raised the right pants leg, whereupon Agent Whitehead observed through Wiley's sheer black sock a white object near the middle of his calf. Agent Whitehead retrieved the object, which was subsequently revealed to be a white envelope containing a white powder ultimately identified as cocaine.

Wiley and Jefferson were then arrested and escorted to the Narcotics Office at the airport. A search of their persons pursuant to the arrests revealed four more clear plastic bags of cocaine in envelopes in Wiley's pockets and two clear plastic bags of cocaine in an envelope concealed in the crotch of Jefferson's pants. Wiley's black purse contained an envelope of cocaine, a set of car keys, and a work order on a Jaquar registered to an Erma Wiley with the Miami address given by Wiley. The car was subsequently located in the shortterm parking lot where Wiley and Jefferson were apprehended.

Wiley testified that after disembarking from flight 532 until they were arrested they stopped at three different gift shops before finding one that sold Winston "hard box" cigarettes. He and Jefferson then walked across the parking lot looking for his brother who was to pick them up. He agreed that the agents approached and asked to see identification and plane tickets which he produced. However, from this point Wiley's version of the events differed substantially from the agents'. Wiley testified that after handing the tickets to the agent:

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Bluebook (online)
507 So. 2d 841, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-wiley-lactapp-1987.