State v. Woolridge

996 So. 2d 618, 2008 WL 4588709
CourtLouisiana Court of Appeal
DecidedOctober 14, 2008
Docket08-KA-340
StatusPublished
Cited by4 cases

This text of 996 So. 2d 618 (State v. Woolridge) 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. Woolridge, 996 So. 2d 618, 2008 WL 4588709 (La. Ct. App. 2008).

Opinion

996 So.2d 618 (2008)

STATE of Louisiana
v.
Troy WOOLRIDGE.

No. 08-KA-340.

Court of Appeal of Louisiana, Fifth Circuit.

October 14, 2008.

*620 Paul D. Connick, Jr., District Attorney, Terry M. Boudreaux, Desirée M. Valenti, Assistant District Attorneys, Twenty-Fourth Judicial District, Parish of Jefferson, Gretna, Louisiana, for Plaintiff/Appellee.

Holli A. Herrle-Castillo, Louisiana Appellate Project, Marrero, Louisiana, for Defendant/Appellant.

Panel composed of Judges EDWARD A. DUFRESNE, JR., MARION F. EDWARDS and MADELINE JASMINE.

MADELINE JASMINE, Judge Pro Tempore.

Defendant, Troy Woolridge, appeals his convictions for one count of possession with intent to distribute heroin and one count of possession with intent to distribute marijuana, violations of LSA-R.S. 40:966(A). On appeal, he argues that the trial court erred in denying his motions to suppress evidence and statement. After thorough consideration of the law and evidence, we affirm as amended, and remand with instructions as noted below.

PROCEDURAL HISTORY

The Jefferson Parish District Attorney filed a Bill of Information charging defendant, Troy Woolridge, with one count of possession with intent to distribute heroin and one count of possession with intent to distribute marijuana, violations of LSA-R.S. 40:966(A). Defendant's motions to suppress evidence and statement were denied on January 9, 2008.[1]

Thereafter, on this same day, defendant withdrew his pleas of not guilty and pled guilty as charged to both charges pursuant to State v. Crosby,[2] reserving his right to appeal the rulings on his motions to suppress. The trial court sentenced defendant to 12 years imprisonment at hard labor on each count to run concurrently.[3] As to count one, the trial court ordered the first five years to be served without benefit of parole, probation, or suspension of sentence.[4] Further, the State agreed not to file a multiple offender Bill of Information. This timely appeal follows.

FACTS

Because this case involves Crosby pleas, the following facts were taken from the suppression hearing:

On March 25, 2006, through the early morning hours of March 26, 2006, Detective Jason Barrette of the Jefferson Parish Sheriff's Office was working on a narcotics task force in a Jefferson Parish neighborhood following numerous narcotics complaints in the area. After 9:00 p.m., Detective Barrette entered the Tallowtree and *621 Orange Blossom neighborhood in a marked police vehicle and in full uniform. Detective Barrette observed a black male leaning into the passenger side of a parked vehicle that had its parking lights on. The black male began to run when Detective Barrette approached. As Detective Barrette was chasing him, Detective Barrette observed the black male enter 1149 Orange Blossom, Apartment A, and shut the door.

Detective Barrette knocked on the apartment door several times. A black female opened the door, and Detective Barrette smelled burning marijuana coming from inside the apartment. Also, in plain view, while the door was open, Detective Barrette observed numerous small black Ziploc baggies lying on a coffee table. According to Detective Barrette, these baggies were consistent with the packaging of illegal narcotics.

Detective Barrette explained to the female what had occurred. While speaking to the female, Detective Barrette observed defendant get off the couch and run upstairs towards the back bedroom with a black plastic bag. Detective Barrette asked to speak with the owner of the residence or whoever was on the apartment's lease, and the female called defendant. Detective Barrette also testified that he observed numerous people in the apartment. Defendant came downstairs, but without the black plastic bag.

Detective Barrette spoke to defendant, who indicated the apartment was his, and explained how he had observed an unknown black male run inside the apartment and how he smelled burning marijuana coming from the apartment.[5] He also told defendant he had observed plastic bags and believed there was some type of illegal activity taking place in defendant's apartment. Defendant denied having illegal narcotics in his apartment and told the detective he could search it if he would like.

According to Detective Barrette, he entered the house only after speaking to defendant and obtaining consent. Detective Barrette testified that defendant voluntarily signed a consent to search form, consenting to the search of his apartment. A K-9 unit was requested and the apartment was searched once they arrived. A black plastic bag was discovered protruding from between the mattresses of the rear upstairs bedroom. Inside the bag, there were several large baggies of marijuana and 11 foils of brownish powder. Field tests were conducted on the recovered items and confirmed the green vegetable matter was marijuana and weighed approximately 81 grams. The 11 foils of brown powder substance tested positive for heroin.

After being advised of his constitutional rights and indicating that he understood those rights, defendant was asked why he had that amount of heroin and marijuana and he responded that he needed to make money somehow.

Although defendant admitted he signed the consent to search form, he testified that he was forced to sign the form while handcuffed in the parking lot, and after the deputy threatened to jail all of the people in the apartment.

ASSIGNMENT OF ERROR NUMBER ONE

Defendant argues the evidence should have been suppressed in this case because the State failed to adequately *622 prove defendant freely and voluntarily consented to the search of his apartment. Defendant argues he was threatened with physical harm and was forced to sign the consent form. Further, defendant argues it is illogical that he would have consented to a search of the apartment if the facts happened as Detective Barrette claimed. Defendant further argues no other exception to the warrant requirement existed. Finally, defendant argues that if the search was illegal then the evidence and the statement should have been suppressed as fruit of the poisonous tree.

The State responds that the trial court made a credibility determination and that defendant failed to show the trial court abused its discretion in denying his motions to suppress.

The trial court denied defendant's motions to suppress after considering the credibility of the witnesses and determining Detective Barrette was more credible than defendant.

Unless justified by one of the narrowly drawn exceptions to the Fourth Amendment's warrant requirement, a warrantless search is per se unreasonable. Schneckloth v. Bustamonte, 412 U.S. 218, 219, 93 S.Ct. 2041, 2043, 36 L.Ed.2d 854 (1973). In a hearing on a motion to suppress, the State bears the burden of proof in establishing the admissibility of evidence that is seized without a warrant. LSA-C.Cr.P. art. 703(D); State v. Addison, 05-378, p. 8 (La.App. 5 Cir. 12/27/05), 920 So.2d 884, 890, writ denied, 06-1087 (La.11/9/06), 941 So.2d 36. A trial court has great discretion when ruling on a motion to suppress, and its ruling will not be disturbed absent an abuse of that discretion. State v. Nicholas, 06-903, p. 6 (La. App. 5 Cir. 4/24/07), 958 So.2d 682, 686.

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Cite This Page — Counsel Stack

Bluebook (online)
996 So. 2d 618, 2008 WL 4588709, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-woolridge-lactapp-2008.