138 So. 3d 727
La. Ct. App.2014Background
- Defendant Donte J. Williams was charged with possession of a firearm by a convicted felon (La. R.S. 14:95.1) after a traffic stop on July 10, 2012; trial jury convicted him.
- Deputy observed a lane-change without signaling after midnight in a high-crime area, stopped the vehicle, ordered occupants out, and shone a flashlight into the rear where he saw a .40-caliber handgun on the rear floorboard.
- Occupants (driver = defendant, rear passenger) were handcuffed and placed in the officer’s unit; defendant was Mirandized, signed a waiver, and admitted buying the gun and having prior felony convictions.
- Defendant moved to quash the indictment (arguing La. R.S. 14:95.1 is unconstitutional under the 2012 amendment to La. Const. art. I, § 11) and to suppress evidence (challenging the stop and seizure); both motions were denied.
- Trial court and this court found the stop justified by a traffic violation and the firearm was lawfully seized under the plain-view exception.
Issues
| Issue | State's Argument | Williams' Argument | Held |
|---|---|---|---|
| Constitutionality of La. R.S. 14:95.1 after 2012 amendment to La. Const. art. I, § 11 | La. R.S. 14:95.1 remains constitutional as applied to felons under state supervision; Draughter controls | Amendment makes right to bear arms fundamental; statute infringes rights and fails strict scrutiny; also raised equal protection claim | Denied: Court followed State v. Draughter; statute valid as applied to parolees under state supervision; equal protection argument not preserved for appeal |
| Legality of stop and seizure; suppression of firearm | Traffic violation (failure to signal) furnished reasonable suspicion for stop; officer lawfully viewed and seized gun under plain-view doctrine | Officer could not have seen firearm without searching the vehicle; seizure was fruit of unlawful stop/search | Denied: Stop lawful; firearm visible from passenger door/area and immediately incriminating; plain-view exception applies |
Key Cases Cited
- State v. Draughter, 130 So.3d 855 (La. 2013) (upheld La. R.S. 14:95.1 as applied to felons under supervision and ruled the 2012 amendment applied retroactively to cases on direct review)
- Horton v. California, 496 U.S. 128 (1990) (articulated plain-view exception to warrant requirement)
- Terry v. Ohio, 392 U.S. 1 (1968) (approved brief investigatory stops based on reasonable suspicion)
- State v. Leger, 936 So.2d 108 (La. 2006) (discussed plain-view seizure principles under Louisiana law)