167 So. 3d 110
La. Ct. App.2014Background
- Police received complaints of narcotics sales at 366 Avenue A, Westwego; Detective Saddler conducted surveillance and arranged a controlled buy using a confidential informant (CI) and an unwitting third party.
- The unwitting conducted the buy; officers recovered a green leafy substance from the CI that field-tested positive for marijuana.
- Detective Saddler applied for and obtained a search warrant for the residence; execution recovered scales, grinders, 169 grams of marijuana, and cash; Gaubert was arrested.
- Gaubert initially pleaded not guilty, moved to suppress evidence and statements (motions denied), then pleaded guilty under State v. Crosby and was sentenced to five years (suspended) with three years probation; he appealed.
- On appeal Gaubert challenged: (1) probable cause for the warrant (arguing the unwitting was not patted down and CI credibility was unestablished) and (2) admissibility of his statement (arguing Miranda should have been given before he was asked about contraband).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Probable cause for search warrant | Warrant affidavit, in totality, supported magistrate’s finding | Gaubert: warrant lacked probable cause because unwitting wasn’t patted down and CI credibility was not shown | Affirmed — magistrate had substantial basis; Leon good-faith rule would apply even if marginal |
| Admissibility of defendant’s statement (Miranda) | Statement was not custodial; question was routine while Gaubert was outside and free | Gaubert: officers should have read Miranda when asking about contraband during warrant execution | Affirmed — not custodial interrogation; statement voluntary; alternatively inevitable discovery applied |
Key Cases Cited
- State v. Payne, 59 So.3d 1287 (La. App. 5 Cir. 2011) (probable cause and magistrate review standards)
- State v. Robinson, 871 So.2d 575 (La. App. 5 Cir. 2004) (use of an unwitting in controlled buy and totality-of-circumstances analysis)
- United States v. Leon, 468 U.S. 897 (1984) (good-faith exception to exclusionary rule)
- Nix v. Williams, 467 U.S. 431 (1984) (inevitable discovery doctrine)
- State v. Crosby, 338 So.2d 584 (La. 1976) (plea allocution standard)