State v. Butler, 117 So. 3d 87

Butler was convicted of simple possession of cocaine under La.R.S. 40:967(C) and the appellate court reversed the conviction and remanded for consideration of errors pre-termitted on appeal.
The reversal rested on suppression rulings tied to an encounter where, approaching a three-unit police caravan, an SUV with illegally tinted windows fled and Butler, leaning from a curbside window, rode away on a bicycle while bystanders retreated.
The appellate court found no probable cause or reasonable suspicion to detain Butler when officers ordered him to return and place his hands on a police unit, and criticized a patdown during which marijuana was discovered in a sock and cocaine later found.
The state argued on review that probable cause existed to arrest Butler for riding a bicycle on a sidewalk, a municipal misdemeanor, which would permit a custodial arrest and a weapon/evidence search incident to arrest.
Sherman v. State was cited to support the theory that probable cause to arrest plus custodial arrest can justify a search even if arrest for the underlying offense is not effected.
The majority held there was no error in the trial court’s denial of the motion to suppress, concluding the officers’ detention and search were objectively within permissible limits, albeit noting the officers may have had no subjective intent to arrest Butler for the sidewalk violation.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the stop/detention was supported by reasonable suspicion or probation to arrest.	State contends there was probable cause/suspicion given the sidewalk violation and area operation.	Butler contends there was no reasonable suspicion to detain him and no probable cause to arrest for the misdemeanor.	No reversible error; detention/search upheld.
Whether the frisk/search of Butler for weapons was justified.	State argues a custodial arrest or detention justifies a weapons search under probable cause.	Butler contends the frisk was not supported by a reasonable, objective basis for danger to officers.	Frisk/Search upheld as permissible under objective standards.

State v. Sherman, 931 So.2d 286 (La. 2006) (probable cause to arrest plus custodial arrest justifies a search)
Whren v. United States, 517 U.S. 806 (U.S. 1996) (objective reasonableness prevails; subjective intent irrelevant in probable-cause analysis)
Atwater v. Lago Vista, 532 U.S. 318 (U.S. 2001) (probable cause to arrest for minor offense can justify custodial arrest)
State v. Boyer, 967 So.2d 458 (La. 2007) (reasonable and particularized basis for self-protective frisk)
Stoltz, 358 So.2d 1249 (La. 1978) (new grounds for suppression cannot be raised on appeal)
Montejo, 40 So.3d 952 (La. 2010) (appeal-supported arguments may be raised without trial-record objections)