State v. LairdState v. Laird
When he entered a plea of guilty to possession of cocaine, the defendant Rickey R. Laird, Jr. reserved his right to appeal the trial court‘s denial of his motion to suppress
Officer Dwayne Scheuermann testified at the hearing on the motion to suppress that on January 10, 1994, at approximately 2:00 p.m., he and Chuck Husmeier, an agent of the Alcohol, Tobacco, and Firearms (ATF), were investigating a weapons violation by Kuwanda Smith of 268 North Robertson Street. Looking for a Smith and Wesson .9 mm handgun, the officers went to Ms. Smith‘s apartment and spoke to Ms. Smith‘s mother who told them that Ms. Smith was not at home. Kuwanda Smith reportedly was out looking for the gun to turn it over to the police. The investigators looked for Ms. Smith in the neighborhood and then returned to the apartment. As they approached, they saw Kuwanda Smith standing with the defendant near a flight of stairs. When the defendant saw the officers, he ran up the stairs to Kuwanda Smith‘s apartment. Believing that the defendant might have a weapon, Agent Husmeier chased the defendant up the stairs and followed the defendant into the apartment where he saw the defendant discard a white object near a refrigerator. After Agent Husmeier detained the defendant, Officer Scheuermann recovered the piece of plastic containing several rock-like objects which appeared to be cocaine and placed the defendant under arrest, advising him of his Miranda rights. The defendant first said he had no knowledge of the cocaine but then he admitted possessing it and discarding it.
On appeal the defendant contends that the officers did not have reasonable suspicion to stop him, and did not have sufficient information to justify entering the apartment without a warrant, and the seizure was illegal because the police did not have probable cause to arrest him. The State argues that the police were justified to enter the apartment without a warrant based on exigent circumstances and probable cause to arrest.
Probable cause to arrest exists when the facts and circumstances known to the officers and of which they have reasonably trustworthy information are sufficient to justify the belief by a man of ordinary caution that the suspect has committed or is committing a crime. State v. Roebuck, 530 So.2d 1242 (La.App. 4 Cir.1988), writs denied, 531 So.2d 764 (La.1988). Probable cause alone does not justify entry into an area otherwise protected by the United Constitution and
If property is abandoned without any prior unlawful intrusion into a citizen‘s right to be free from governmental interference, then such property may be lawfully
The police pursued the defendant into Ms. Smith‘s apartment for their protection and the protection of another, Ms. Smith‘s mother, whom they had seen there shortly beforehand. The officers had probable cause and exigent circumstances to enter the apartment. Near the refrigerator, the defendant abandoned the piece of plastic, which contained white objects which appeared to be cocaine and was in plain view when it was seized. The trial court properly denied the defendant‘s motion to suppress the evidence.
Accordingly, the defendant‘s conviction and sentence are affirmed.
AFFIRMED.
BARRY, J., dissents with reasons.
BARRY, Judge, dissenting with reasons.
The majority erroneously concludes that there were probable cause and exigent circumstances to justify the officers’ entry into Smith‘s apartment.
The fact that the defendant (whom the officers did not know and about whom the officers had received no information) was standing with Smith and then ran upstairs and into Smith‘s apartment as the officers approached does not constitute probable cause and exigent circumstances.
The officer and the ATF agent were investigating a possible weapons violation (9mm gun) by Smith; they had no information about the defendant. They did not have trustworthy facts and/or circumstances sufficient for a man of ordinary caution to believe that the defendant had committed or was committing a crime when he entered Smith‘s apartment.
The defendant was not being investigated; Smith was to be questioned about a handgun. There was no ongoing drug investigation. The officers did not see the defendant with a gun or drugs. The officers did not have probable cause to arrest when they went through the door into Smith‘s private residence without knocking, requesting permission, or announcing their identity. There were no exigent circumstances. The officers’ entry into Smith‘s apartment was not justified. See State v. Ferrand, 95-1346 (La. 12/8/95), 664 So.2d 396.
The trial court erred by denying the defendant‘s motion to suppress the evidence. I would vacate the guilty plea and sentence.