State v. BrouilletteState v. Brouillette
Defendant, Kent Brouillette was charged with three counts of drug possession: (1) possession of pentobarbital,
The defendant now appeals advancing four assignments of error. Additionally, we have reviewed the record for errors patent and the sufficiency of the evidence.
Shortly after midnight on March 11, 1983, several Orleans Parish police officers entered and searched the premises located at 518 Burgundy Street. The search was made pursuant to a warrant issued on March 4, 1983. Based on a six page affidavit by Detective Henley of the Vice Crimes Section of the New Orleans Police Department, the primary purpose of the warrant was to search for records and evidence concerning a prostitution service run by defendant. Entrance to the premises was gained when officers kicked in the front door after there was no response to a knock.
Upon entering, the officers found a male and a female sitting on the couch watching television. Detective Henley went upstairs where he found the defendant and a companion in the bedroom. The four people were assembled in the living room and police proceeded with the search. During the course of the search a clear plastic bag containing 13½ diazepam tablets was found in a kitchen cabinet. After these drugs were found, the four people in the house were placed under arrest for possession of diazepam. As police continued the search, a bag of marijuana and three (3) pentobarbital capsules were found wrapped in a shirt in a clothes dryer located on the patio of the residence. The parties were then advised that they would also be charged with possession of these drugs. During
Defendant urges several assignments of error. The defendant contends that the trial court erred in failing to suppress the evidence seized during the search. He argues that the warrant was not issued upon probable cause and alleges various defects in the affidavit, the warrant and the search.
Defendant contends that there was insufficient information in the affidavit to provide probable cause to believe that the drugs the police seized were present in the house before the search. The defendant has misconstrued the purpose of the warrant. The affidavit upon which the warrant was based indicates that police investigations were focused primarily upon the House of the Rising Sun Escort Service and a prostitution service that the defendant was operating in connection with the service. The warrant and the supporting affidavit were centered on locating records and evidence concerning the prostitution service. The affidavit establishes probable cause sufficient to believe that a prostitution service was being run from 518 Burgundy and the warrant was issued to secure evidence to prove that fact.
When the police are in the process of executing a valid warrant they may seize things whether or not described in the warrant that may constitute evidence which tends to prove the commission of any offense.
Defendant also alleges that the court erred in not suppressing the physical evidence on the grounds that the search was improperly and untimely executed. He claims that the shed in the patio where the marijuana and pentobarbital were found was not included within the description of the place to be searched. This argument fails in that the search warrant was for the “premises” located at 518 Burgundy Street. A warrant authorizing the search of the “premises” must reasonably be interpreted to include a search of the house, garage and other outbuildings which one normally associates with and includes in the word “premises.” State v. Roach, 322 So.2d 222 (1975). In the case at hand “premises” would include the patio which is adjacent to the house proper.
Defendant‘s argument that the delay in execution of the warrant rendered the information in the supporting affidavit stale and invalid is meritless.
In the last assignment of error, defendant complains that the trial court erred in allowing testimony of defendant‘s prior criminal conduct. The testimony in question concerns three statements by police at trial. Although the officers did refer to the defendant by a nickname and did refer
Furthermore, there are no errors patent contained in the records. Additionally, we have reviewed the evidence introduced at trial and find that a rational trier of fact could have found defendant guilty as charged. Jackson v. Virginia, 443 U.S. 307, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979); State v. Graham, 420 So.2d 1126 (La.1982).
For the foregoing reasons, defendant‘s conviction and sentence are AFFIRMED.
AFFIRMED.