State v. Young

642 So. 2d 255, 1994 La. App. LEXIS 2292, 1994 WL 442822
CourtLouisiana Court of Appeal
DecidedAugust 17, 1994
DocketNo. 93-KA-0414
StatusPublished
Cited by4 cases

This text of 642 So. 2d 255 (State v. Young) 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. Young, 642 So. 2d 255, 1994 La. App. LEXIS 2292, 1994 WL 442822 (La. Ct. App. 1994).

Opinion

| tWARD, Judge.

Tony Young, the appellant, was charged by bill of information with possession of cocaine, a violation of R.S. 40:967(0(2). Mr. Young entered a plea of not guilty. A six-member jury found him guilty as charged. Mr. Young was then sentenced to serve four years at hard labor. When Mr. Young was found to be a third time offender the sentence was vacated and he was sentenced to serve forty months at hard labor under R.S. 15:529.1.

On March 19,1992, Officers Tyrone Martin and Thelonious Dukes were on routine patrol in an unmarked police car in the Desire Housing Project when they observed Mr. Young and another man at the intersection of Desire Parkway and Benefit Street, in close proximity to a street lamp, at approximately 8:30 p.m. The officers witnessed the two men engage in a hand-to-hand transaction in which Mr. Young passed an object to the other man and received paper currency from him in return. The officers proceeded in their vehicle towards the men and stopped at a point adjacent to them. Officer Dukes then exited the police car and yelled, “Police, freeze,” at which point both Mr. Young and the other man fled. The officers chased and apprehended Mr. Young, and then ordered him to the ground. Officer Martin conducted a preliminary weapons search, which proved fruitless, and then handcuffed Mr. Young. The officers then stood Mr. Young up, at which point it became ^possible for Officer Martin to conduct a search of the front portion of Mr. Young’s body. During the search Officer Martin felt a “lump” in Mr. Young’s right, front pants pocket, from which he retrieved a clear plastic bag which, upon laboratory examination, was determined to contain crack cocaine. Two five dollar bills were also removed from Mr. Young’s left hand.

A review of the record reveals no errors patent.

By his sole assignment of error, Mr. Young contends that the trial court incorrectly denied his motion to suppress the evidence obtained during an allegedly invalid search, [257]*257which was conducted pursuant to an admittedly warrantless arrest. In reviewing a trial court’s judgment concerning a motion to suppress, which it has based on live testimony, “the trial court’s purely factual findings must be accepted unless clearly erroneous, or influenced by an incorrect view of the law, and the evidence must be viewed [in the light] most favorable to the party prevailing below. U.S. v. Coleman, 969 F.2d 126, 129 (5th Cir.1992) (quoting U.S. v. Muniz-Melchor, 894 F.2d 1430, 1433-84 (5th Cir.1990, quoting U.S. v. Maldonado, 735 F.2d 809, 814 (5th Cir.1984)).

A search is per se unreasonable when it is “conducted without a warrant' issued upon probable cause, ... subject ... to a few ... exceptions.” State v. Raheem, 464 So.2d 293, 295 (La.1985). A search made incident to a lawful arrest is one such exception. Chimel v. California, 395 U.S. 752, 89 S.Ct. 2034, 23 L.Ed.2d 685 (1969). State v. Wilson, 467 So.2d 503, 517 (La.1985). State v. Desdunes, 576 So.2d 520, 528 (La.App. 4 Cir.1990). As this Court recently noted in State v. Parker, 622 So.2d 791 (La.App. 4 Cir.1993), the search of the defendant is legal if there is probable cause for his arrest. Id. at 793 (citing Chimel, supra, and Wilson, supra). However, as the Supreme Court observed in Sibron v. State of New York, 392 U.S. 40, 65, 88 S.Ct. 1889, 1904, 20 L.Ed.2d 917 (1968), a search incident to a lawful arrest may not precede the arrest and serve as part of its justification. Id. at 67, 88 S.Ct. at 1905. State v. Melton, 412 So.2d 1065, 1067 (La.1982).

As the Sibron Court further noted, in every ease, “It is a question of fact precisely when ... the arrest took place.” Id. 392 U.S. at 67, 88 S.Ct. at 1905. Melton, 412 So.2d at 1067. Though the defense has not raised issue with the timeliness of the frontal search of Mr. Young, in which the |3crack cocaine which led to his conviction was discovered, and against which the precise point of his arrest proves determinative, we address the following discussion of the issue in confirmation of the trial court’s decision in the matter. As the Supreme Court declared:

An arrest occurs when- the circumstances indicate an intent by the police to effect an extended restraint on the liberty of the accused, rather than at the precise time the officer tells the accused he is under arrest. La.Code Crim.Proc. art. 201; State v. Rebstock, 418 So.2d 1306 (La. 1982). The Supreme Court has emphasized that any assessment as to whether police conduct amounts to a seizure implicating the Fourth Amendment must take into account “all the circumstances surrounding the incident” in each individual case. Michigan v. Chestemut, 486 U.S. 567, 108 S.Ct. 1975, 100 L.Ed.2d 565 (1988) [ (citation omitted) ]. A seizure occurs “only if, in view of all the circumstances surrounding the incident, a reasonable person would have believed that he was not free to leave.” [Id. at 572, 108 S.Ct. at 1978.] State v. Simms, 571 So.2d 145, 148 (La.1990).

In the present case, we are satisfied that Mr. Young was indeed arrested when he was ordered to the ground and handcuffed. The requisite restraint upon his liberty was thus accomplished before the search was undertaken, which search ultimately revealed crack cocaine in his pants’ pocket. That Mr. Young was not verbally apprised of his arrest until after this search “does not alter the fact of arrest.” Raheem, 464 So.2d at 296.

In order to determine the validity of the search and the seizure of evidence from Mr. Young’s person, we have next to determine whether the arrest was in fact based upon probable cause. If Officer Martin had such cause to determine that Mr. Young did commit a criminal act prior to the search which revealed the cocaine, then that search was permissible and Mr. Young’s appeal to suppress the resulting evidence must be denied.

In the Simms’ case, the Supreme Court made a full and comprehensive statement of the elements and qualities of probable cause, as follows:

Probable cause to arrest exists when the facts and circumstances within the officer’s knowledge are sufficient to justify a man of ordinary caution in believing that the person to be arrested has committed a crime. Beck v. Ohio, 379 U.S. 89, 85 S.Ct. 223, 13 L.Ed.2d 142 (1964); State v. Wilson, 467 [258]*258So.2d 503 (La.1985). The determination of probable cause, although requiring something more than bare suspicion, does not require evidence sufficient to support a conviction. Probable cause, as the very name implies, deals with probabilities. Brinegar v. United States, 338 U.S. 160, 69 S.Ct. 1302, 93 L.Ed. 1879 (1949).

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642 So. 2d 255, 1994 La. App. LEXIS 2292, 1994 WL 442822, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-young-lactapp-1994.