116 So. 3d 1004
La. Ct. App.2013Background
- State information charged Gregory Ulmer with possession of cocaine on May 24, 2010; he pled not guilty on May 27, 2010.
- A motions hearing on August 17, 2010 resulted in denial of Ulmer’s motion to suppress; the appellate court denied a writ application.
- A jury found Ulmer guilty as charged on March 15, 2011.
- Ulmer was sentenced on October 28, 2010 to five years, which was later vacated and replaced with a ten-year hard labor sentence on January 4, 2012.
- On April 23, 2010, around 9:00 a.m., uniformed officers observed Ulmer at a gate in Iberville Housing and suspect a hand-to-hand drug transaction, prompting a stop.
- During the stop, Ulmer discarded crack cocaine; officers testified to the substance testing positive and identified Ulmer at trial.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the district court erred in denying the motion to suppress | Ulmer argues the stop was illegal for lack of reasonable suspicion | State contends no stop occurred or, if it did, reasonable suspicion existed | Stop supported by reasonable suspicion; denial affirmed |
Key Cases Cited
- State v. Scull, 639 So.2d 1239 (La.App.4 Cir. 1994) (suppression rulings reviewed for abuse of discretion)
- State v. Long, 884 So.2d 1176 (La. 2004) (probable cause and reasonable suspicion standards in stops)
- State v. Fournette, 989 So.2d 199 (La.App.4 Cir. 2008) (focus on investigatory stops and evidence)
- State v. Jones, 832 So.2d 382 (La.App.4 Cir. 2002) (stopping based on reasonable suspicion; totality of circumstances)
- State v. Fisher, 720 So.2d 1179 (La. 1998) (standard for probable cause and searches)
- Temple, 854 So.2d 856 (La. 2008) (reasonable suspicion; totality of circumstances)
- Fearheiley, 979 So.2d 487 (La. 2008) (hand-to-hand transaction as basis for stop)
- Schaffer, 767 So.2d 49 (La.App.4 Cir. 2000) (flight and drug-transaction indicators justify stop)
- Lazard, 2 So.3d 492 (La.App.4 Cir. 2008) (hand-to-hand activity and officer experience used to justify stop)
- Cortez, 449 U.S. 411 (S. Ct. 1981) (totality of the circumstances for reasonable suspicion)
- Sokolow, 490 U.S. 1 (S. Ct. 1989) (reasonable suspicion standard for stops; not prob. cause)