State v. Willis

728 So. 2d 493, 1999 WL 18537
CourtLouisiana Court of Appeal
DecidedJanuary 20, 1999
Docket31,561-KA
StatusPublished
Cited by18 cases

This text of 728 So. 2d 493 (State v. Willis) 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. Willis, 728 So. 2d 493, 1999 WL 18537 (La. Ct. App. 1999).

Opinion

728 So.2d 493 (1999)

STATE of Louisiana, Appellee,
v.
Willie WILLIS, Appellant.

No. 31,561-KA.

Court of Appeal of Louisiana, Second Circuit.

January 20, 1999.

*495 Jesse H. Goines, Assistant Indigent Defender, for Appellant.

Richard Ieyoub, Attorney General, Paul Carmouche District Attorney, Kia Habisreitinger, Assistant District Attorney, for Appellee.

Before NORRIS, C.J., and CARAWAY and PEATROSS, JJ.

*496 CARAWAY, J.

A jury convicted Willie Willis of possession of cocaine, a violation of La. R.S. 40:967(C). The trial court then imposed a sentence of four years imprisonment at hard labor. On appeal, Willis urges that the evidence of the crack cocaine found in his possession during the investigatory stop and frisk must be suppressed as an unlawful search and seizure. Willis further argues that the trial court failed to adequately articulate its reasons for sentencing and that his sentence is excessive. For the following reasons, we affirm the conviction and sentence of the defendant.

Facts

At about 5:00 p.m. on March 21, 1997, Shreveport Police Department Officers Brian Winn, Brian Wheeler and Greg Washam were patrolling an area known as "The Bottoms." These officers, part of the Street Level Interdiction Unit, were checking what Officer Winn described as "known and documented drug corners" in an area with an abundance of abandoned homes. The officers were using a "semi-marked" patrol unit.

As the officers drove down Buena Vista Street, they spotted four men in front of one of the vacant houses. When the officers stopped their car, one of the men, Willis, walked quickly away from the scene, turning back between two of the houses. Officer Winn got out of the car and followed Willis while the other officers drove around to the other side of the houses to see where Willis had gone.

When Officer Winn got between the two houses, he saw Willis turn and come back toward him. According to Officer Winn, because of the location being a high crime area known for narcotics trafficking and use, he decided to conduct a patdown search of the defendant for the officers' safety. While performing the search, Officer Winn felt two cylindrical objects three to four inches long which he knew from past experience to be crack pipes. The objects were in the pocket of Willis' jacket. Officer Winn removed the objects and verified that they were drug paraphernalia. Upon continuing the patdown, Officer Winn located a small pea-sized object in Willis' right front watch pocket which was consistent with the size of a piece of crack cocaine.

The officers arrested Willis, and Officer Wheeler read him his Miranda rights. The officers determined that Willis was homeless, and learned that he had an outstanding arrest warrant. Willis told the officers that he had bought the rock of cocaine from an unknown street dealer for $10.

After hearing all of the evidence, the jury convicted Willis, as charged, with possession of cocaine, a Schedule II controlled, dangerous substance.

Illegal Search and Seizure?

Willis disputes his conviction based upon the legality of the search of his person and the seizure of the cocaine.[1] Willis filed a motion to suppress the physical evidence seized by the state in the patdown, namely the drug paraphernalia and cocaine, claiming that his constitutional rights had been violated by the search. The trial court denied the motion claiming that defendant's evasive action aroused the officers' suspicion, the patdown was performed for the officers' safety, the crack pipes found were immediately recognized by the police officers as drug paraphernalia which gave them probable cause for the arrest and the subsequent search of Willis' pocket which revealed the cocaine.

(1)

A law enforcement officer may stop a person in a public place whom he reasonably believes is committing, has committed, or is about to commit an offense. La.C.Cr.P. art. 215.1. If an officer stops a person pursuant to Article 215.1, the officer may conduct a limited patdown frisk for weapons if he reasonably believes that he is in danger or that the suspect is armed. La.C.Cr.P. art. 215.1(B).

Reasonable cause or reasonable suspicion is something less than probable cause to arrest and must be determined under the facts of each case, considering whether *497 the officer has sufficient knowledge of facts and circumstances to justify an infringement on the individual's right to be free from government interference. State v. Jackson, 26,138 (La.App.2d Cir. 1994), 641 So.2d 1081. In assessing the reasonableness of an investigatory stop, the court must balance the need to search and seize against the invasion of privacy the search and seizure entails. State v. Tucker, 604 So.2d 600 (La. App. 2d Cir. 1992), affirmed in part, reversed in part on other grounds, 626 So.2d 720 (La. 1993); State v. Washington, 621 So.2d 114 (La.App. 2d Cir. 1993), writ denied, 626 So.2d 1177 (La. 1993).

In reviewing the totality of circumstances, the officer's past experience, training and common sense may be considered in determining whether his inferences from the facts at hand were reasonable. State v. Jackson, supra. The reputation of an area is an articulable fact upon which an officer can rely and which is relevant in the determination of reasonable suspicion. State v. Richardson, 575 So.2d 421 (La.App. 4th Cir. 1991), writ denied, 578 So.2d 131 (La. 1991). Flight, nervousness, or a startled look at the sight of a police officer may be one of the factors leading to a finding of reasonable cause to stop under La.C.Cr.P. art. 215.1. State v. Belton, 441 So.2d 1195 (La. 1983), cert. denied, Belton v. Louisiana, 466 U.S. 953, 104 S.Ct. 2158, 80 L.Ed.2d 543 (1984). Presence in a high crime area, coupled with nervousness or flight or other suspicious actions upon approach of officers is sufficient to justify an investigatory stop. State v. Taylor, 363 So.2d 699 (La. 1978); State v. Jackson, supra.

In this case, Willis was loitering in a high crime area known for narcotics trafficking. When he saw the patrol car stop, Willis, who had been in front of a vacant house, darted between two houses in an apparent attempt to evade the officers. We therefore find that reasonable suspicion regarding a possible offense existed and the officers made a lawful investigatory stop of defendant.

(2)

While it is true that an officer is never justified in conducting a patdown for weapons unless the original detention itself was justified, a lawful detention for questioning does not necessarily give the officer the authority to conduct a patdown for weapons. State v. Hunter, 375 So.2d 99 (La. 1979). Even after a lawful investigatory stop, a police officer is justified in frisking the subject only under circumstances where a "reasonably prudent man ... would be warranted in the belief that his safety or that of others was in danger." Terry v. Ohio, 392 U.S. 1, 88 S.Ct. 1868, 20 L.Ed.2d 889 (1968). The officer's belief is not reasonable unless the policeman is "able to point to particular facts from which he reasonably inferred that the individual was armed and dangerous." Sibron v. New York, 392 U.S. 40, 88 S.Ct. 1889, 20 L.Ed.2d 917 (1968). See also State v. Bolden, 380 So.2d 40 (La. 1980), cert. denied, 449 U.S. 856, 101 S.Ct. 153, 66 L.Ed.2d 70 (1980).

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Conyers v. State
164 So. 3d 73 (District Court of Appeal of Florida, 2015)
State v. Walls
86 So. 3d 71 (Louisiana Court of Appeal, 2012)
State v. Fortune
72 So. 3d 1000 (Louisiana Court of Appeal, 2011)
State v. Marshall
70 So. 3d 1106 (Louisiana Court of Appeal, 2011)
State ex rel. B.C.
991 So. 2d 575 (Louisiana Court of Appeal, 2008)
State v. Cooper
830 So. 2d 440 (Louisiana Court of Appeal, 2002)
State v. Jenkins
805 So. 2d 1244 (Louisiana Court of Appeal, 2002)
State v. Barber
793 So. 2d 251 (Louisiana Court of Appeal, 2001)
State v. Bolden
811 So. 2d 1 (Louisiana Court of Appeal, 2001)
State v. Furlow
780 So. 2d 602 (Louisiana Court of Appeal, 2001)
State v. Myers
756 So. 2d 343 (Louisiana Court of Appeal, 2000)
State v. Dumas
750 So. 2d 439 (Louisiana Court of Appeal, 2000)
State in Interest of RD
749 So. 2d 802 (Louisiana Court of Appeal, 1999)
State v. Miskell
748 So. 2d 409 (Supreme Court of Louisiana, 1999)
State v. Johnson
748 So. 2d 31 (Louisiana Court of Appeal, 1999)
State v. Watson
743 So. 2d 239 (Louisiana Court of Appeal, 1999)

Cite This Page — Counsel Stack

Bluebook (online)
728 So. 2d 493, 1999 WL 18537, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-willis-lactapp-1999.