State v. Wright

896 So. 2d 1172, 2005 WL 356121
CourtLouisiana Court of Appeal
DecidedFebruary 15, 2005
Docket04-KA-1038
StatusPublished
Cited by4 cases

This text of 896 So. 2d 1172 (State v. Wright) 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. Wright, 896 So. 2d 1172, 2005 WL 356121 (La. Ct. App. 2005).

Opinion

896 So.2d 1172 (2005)

STATE of Louisiana
v.
Alan D. WRIGHT.

No. 04-KA-1038.

Court of Appeal of Louisiana, Fifth Circuit.

February 15, 2005.

*1174 Paul D. Connick, Jr., District Attorney, Terry M. Boudreaux, Anne Wallis, Paige Cline, Assistant District Attorneys, Parish of Jefferson, Gretna, Louisiana, for Plaintiff/Appellee.

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

Panel composed of Judges EDWARD A. DUFRESNE, JR., JAMES L. CANNELLA, and CLARENCE E. McMANUS.

JAMES L. CANNELLA, Judge.

The Defendant, Alan Wright, appeals from his conviction of possession of cocaine and his sentence of 10 years imprisonment at hard labor with a $50,000 fine. For the reasons which follow, we affirm and remand.

On March 20, 2001, the Jefferson Parish District Attorney filed a bill of information charging the Defendant with possession of 28 grams or more and less than 200 grams of cocaine, a violation of La. R.S. 40:967(F). The Defendant was arraigned on April 16, 2001 and pled not guilty.

The Defendant filed a Motion to Suppress Evidence on May 3, 2001. The trial judge heard the motion on August 23, 2001 and delayed his ruling to allow the parties to file memorandas. The trial judge denied the motion on April 25, 2002. The Defendant was tried by a twelve-person jury on August 19, 2003.

Agent Frank Horn[1] testified that he is a narcotics detective with the Jefferson Parish Sheriff's Office. On March 1, 2001, he received information from a confidential informant (C.I.) that a black man in his 30's and driving a rental car would be arriving at the parking lot of a certain *1175 McDonald's Restaurant at 10:15 p.m. for the purpose of selling crack cocaine.

Based on the information he received, Agent Horn set up surveillance in the parking lot of the McDonald's at the intersection of South Causeway Boulevard and Jefferson Highway in Metairie. He was in plain clothes, drove an unmarked vehicle, and was accompanied by the C.I. Backup officers were stationed in concealed positions in the neighborhood. At about 10:15 p.m., Agent Horn saw the Defendant, a black male, drive into the parking lot in a silver Chevrolet Monte Carlo automobile. The car had a temporary license. Agent Horn testified that Monte Carlos are commonly used by car rental agencies.

As was planned in advance, the C.I. approached the Defendant's car alone to tell him that Agent Horn wished to purchase some cocaine. The C.I. returned to Agent Horn and told him that there was a large amount of cocaine in the Defendant's car, but that the Defendant was nervous and did not want to meet with him. Instead, the Defendant wanted the C.I. to bring him the money. Agent Horn declined the Defendant's proposal.

Agent Horn contacted backup officers and told them to move in and stop the Defendant, informing them that the suspect was in possession of cocaine. Agent Horn and the C.I. then left the area.

Agent Joseph Lopinto testified that he waited in a parking lot a block away from the McDonald's. He was dressed in police clothes, with his badge visible. He was not in a position to see the interaction between the C.I. and the Defendant. When he heard, by way of an audio transmitter, the order to move in on the Defendant, Agent Lopinto drove to the McDonald's parking lot and blocked the Defendant's exit. He exited his car and ordered the Defendant to raise his hands. The Defendant, who was sitting in the driver's seat of the Monte Carlo, raised only his left hand. The Defendant appeared to Agent Lopinto to be using his right hand to handle something next to him in the center console. Agent Lopinto ordered the Defendant five or six times to raise his right hand. The Defendant finally complied.

When both of the Defendant's hands were visible to him, Agent Lopinto approached the Defendant's car. He instructed the Defendant to get out, because he was concerned that the Defendant might have a gun in the vehicle. Agent Lopinto testified that the Defendant exited the car and was handcuffed for safety reasons. Agent Lopinto advised the Defendant of his Miranda rights.[2] He handed the Defendant over to Detective Eddie Greer and returned to the Defendant's car to determine what it was that the Defendant had been touching. He thought he might find a gun in the vehicle. Instead, he discovered a large amount of what appeared to be crack cocaine. There was a pill bottle with individual rocks, along with larger slabs. Agent Lopinto continued to search the car and found a car rental contract bearing the Defendant's name.

Detective Greer and Sergeant John Ladd were also part of the surveillance team. Sergeant Ladd testified that he was in a position to see the activities in the McDonald's parking lot. He saw the Defendant's car enter the parking lot from Jefferson Highway. He could also see Agent Horn's car in the parking lot. Sergeant Ladd testified that he watched the *1176 C.I. get out of the car and walk to the Defendant's car. The C.I. stood for twenty to twenty-five seconds talking to the Defendant through the driver's side window. The C.I. then returned to Agent Horn's car and got in. Agent Horn advised him that the Defendant had refused to meet with him and that there was cocaine in the Defendant's car. When given the order to move in on the Defendant, Sergeant Ladd drove his car into the parking lot.

Detective Greer testified that Agent Lopinto turned the Defendant over to him after handcuffing him. Agent Lopinto informed Sergeant Ladd upon finding the cocaine in the vehicle and Sergeant Ladd placed the Defendant under arrest. Detective Greer performed a patdown search of the Defendant and recovered $1,494 in currency. Agent Lopinto also gave Detective Greer the substance that he had found.

Gregg Blaize (Blaize) testified that he is an employee of Enterprise Rent-A-Car. He identified State's Exhibit 5 as one of his company's standard rental agreements. Blaize further testified that the agreement was executed on February 15, 2001 for a silver Monte Carlo. The Defendant was listed on the document as the renter and the form contained a provision prohibiting anyone but the Defendant from driving the car.

Tom Angelica (Angelica) testified that he is a forensic scientist with the Jefferson Parish Sheriff's Office. The trial court accepted him as an expert in identification and analysis of controlled dangerous substances. Angelica testified that he tested the evidence seized in the Defendant's case. He found that State's Exhibit 2A was positive for crack cocaine and that its net weight was 33.04 grams. Angelica testified that State's Exhibit 2B consisted of 28 pieces of crack cocaine and that its net weight was 5.6 grams. The total net weight of both specimens was 38.64 grams.

At the close of testimony, the jury returned a verdict of guilty as charged. On September 4, 2003, the trial court sentenced the Defendant to ten years imprisonment at hard labor and a fine of $50,000. On that day the Defendant filed a Motion for Appeal, which was granted, and he assigns two errors.

ASSIGNMENT OF ERROR NUMBER ONE

The Defendant argues that the trial court erred in failing to suppress the evidence seized pursuant to a warrantless search of his vehicle following an illegal arrest.

The Fourth Amendment to the United States Constitution, and Article I, § 5 of the Louisiana Constitution prohibit unreasonable searches and seizures.

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Related

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Cite This Page — Counsel Stack

Bluebook (online)
896 So. 2d 1172, 2005 WL 356121, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-wright-lactapp-2005.