State v. Ziegler

637 So. 2d 109, 1994 WL 201203
Supreme Court of Louisiana·Decided May 23, 1994·No. 93-KK-3019·Published·Cited by 2 cases

Opinion

637 So.2d 109 (1994)

STATE of Louisiana
v.
Lester ZIEGLER, et al.

No. 93-KK-3019.

Supreme Court of Louisiana.

May 23, 1994.

*110 Richard P. Ieyoub, Atty. Gen., Harry F. Connick, Dist. Atty., Elizabeth M. Revere, Keith M. Detweiler, Maurice E. Landrieu, Jr., for applicant.

Donald O. Pinkston, Wayne T. Fontenelle, Ernest L. Caulfield, Kevin V. Boshea, for respondents.

MARCUS, Justice.[*]

This case arises from an investigation into a bogus birth certificate emanating from the State's Bureau of Vital Statistics. The investigation resulted in the arrests of defendants, Sherman Clark, a custodian at the State Building, Diana S. Battiste and Cherlyn J. Fletcher, two employees of the Bureau, and Lester Ziegler, the middleman in the scheme. Defendants were charged by bill of information with public bribery.

In March of 1991, Special Agent Stafford Williams of the United States Immigration and Naturalization Service (INS) in New York contacted William Barlow of the Louisiana Bureau of Vital Statistics concerning a Louisiana birth certificate he suspected was bogus. The birth certificate had turned up in New York in the hands of a man from Guyana. It was in the name of Roulston Joseph and had been issued to him in June of 1990. Barlow confirmed that the certificate was fraudulent. After receiving a FAX of the bogus certificate on June 7, 1991, Barlow contacted the state police, who made an effort to coordinate an investigation with INS agents in New York.

The state police investigation stalled. As a result, Barlow believed the police were not actively investigating the case. Since Barlow had already begun an internal investigation, and since the evidence supported the conclusion that the fake certificate was produced from his office, he decided to take administrative action to prevent further misfeasance by Bureau employees. After office hours, on August 9, 1991, Barlow and other Bureau supervisors conducted a general administrative search of the work stations of the Bureau's employees. Since Barlow had concluded the fake certificate was produced from his office, any evidence relating to the forgery was most likely to be found somewhere in those work stations. Approximately forty work stations were searched. Those work stations occupied one half of a floor of a multi-story building. The areas searched were modular work spaces partially enclosed in which there were desks, drawers, and shelves. The furniture in the modules had no locking mechanisms. When Battiste's desk was searched, Barlow and the supervisors *111 found a folder containing: (1) four sheets of the Bureau's official bank note paper[1]; (2) a "Sample—How to Extract Delayed Certificate" information sheet; (3) one pre-signed City of New Orleans, State of Louisiana certificate of marriage packet; (4) three sheets of yellow lined paper marked with the official seal of the Louisiana Department of Health and Human Resources, Office of Vital Records; and (5) four copies of Louisiana Certificates of Live Birth and one copy of a Louisiana Certificate of Death. Battiste was not authorized to have these items. Officer Genny May of the state police contacted Barlow almost one month after the search, at which time the evidence was turned over to the police.

Sherman Clark was arrested on October 22, 1991, at which time he gave a statement to Officer May. He said he had been approached by Lester Ziegler, also known as "Jake." Ziegler wanted a fake birth certificate for Roulston Joseph, and he gave Clark some money to obtain the certificate for him. Clark, checked into it and came up with the name of Diana Battiste. He approached Battiste's friend, Cherlyn Fletcher and asked Fletcher if she could get Battiste to make a fake birth certificate for someone. Fletcher obtained the certificate from Battiste and gave it to Clark.[2] Clark gave it to Ziegler, who sent it to Roulston Joseph.

After Clark gave his statement to Officer May, the police obtained search warrants for the residences of Clark and Battiste. Officers executing the warrant at Battiste's residence found, inside a purse, another fake birth certificate and a sheet of paper containing the information included on the fake certificate.

The trial judge suppressed the evidence seized from Battiste's desk, as well as the confession given by Clark to the state police. The court of appeal granted writs and affirmed the suppression of the evidence seized from Battiste's desk.[3] Upon the state's application, we granted certiorari to review the correctness of that decision.[4]

The sole issue before us is whether the evidence seized from Battiste's desk was properly suppressed.

Government employers and supervisors are subject to the restraints of the Fourth Amendment when they conduct searches and seizures within their employees' work spaces. O'Connor v. Ortega, 480 U.S. 709, 107 S.Ct. 1492, 94 L.Ed.2d 714 (1987).[5] In that case, the Supreme Court rejected a warrant requirement for administrative searches by government employers, stating: "[R]equiring an employer to obtain a warrant whenever the employer wished to enter an employee's office, desk, or file cabinets for a work-related purpose would seriously disrupt the routine conduct of business and would be unduly burdensome." 480 U.S. at 722, 107 S.Ct. at 1500. Similarly, the O'Connor Court concluded that "a probable cause requirement for searches of the type at issue here would impose intolerable burdens on public *112 employers." Id. at 724, 107 S.Ct. at 1501. In rejecting a probable cause requirement, the Supreme Court stated:

In sum, we conclude that the "special needs, beyond the normal need for law enforcement make the ... probable-cause requirement impracticable," [New Jersey v. T.L.O.,] 469 U.S., at 351, 105 S.Ct., at 748 (BLACKMUN, J., concurring in judgment), for legitimate work-related, noninvestigatory intrusions as well as investigations of work-related misconduct.

O'Connor, 480 U.S. at 725, 107 S.Ct. at 1501. The Court went on to hold that "public employer intrusions on the constitutionally protected privacy interests of government employees for noninvestigatory, work-related purposes, as well as for investigations of work-related misconduct, should be judged by the standard of reasonableness under all the circumstances." Id. at 725-26, 107 S.Ct. at 1501-02.

The O'Connor Court set forth a two pronged analysis for determining whether an employee's Fourth Amendment rights were violated by an administrative search and seizure. First, the employee must have a reasonable expectation of privacy in the area searched, or in the item seized. This expectation of privacy must be one "that society is prepared to consider reasonable." O'Connor, 480 U.S. at 715, 107 S.Ct. at 1496 (quoting United States v. Jacobsen, 466 U.S. 109, 113, 104 S.Ct. 1652, 1656, 80 L.Ed.2d 85 (1984)). Second, if a reasonable expectation of privacy exists, the Fourth Amendment requires that the search be reasonable under all the circumstances. O'Connor, 480 U.S. at 725-26, 107 S.Ct. at 1501-02. "Under this reasonableness standard, both the inception and the scope of the intrusion must be reasonable." Id. at 726, 107 S.Ct. at 1502.

Assuming, without deciding, that Battiste had a reasonable expectation of privacy in her work space, w

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