State v. RoberdsState v. Roberds
Defendant Richard A. Roberds was charged by bill of information with possession of quaalude with the intent to distribute in violation of
At approximately 1:30 a. m. on November 19, 1979, the Volkswagen driven by defendant struck a parked automobile belonging to Mr. Edward Butler. Defendant continued driving a short distance before stopping to survey the damage sustained by his car. Carrying a shotgun, Mr. Butler pursued defendant to question him about the accident. Mr. Butler found defendant standing outside his own car in a somewhat dazed condition. Fearing that defendant might have a
Regarding events after this point in time, witnesses at the hearing on the motion to suppress related differing versions, especially of the finding of the quaaludes.
Officer Erwin stated that defendant entered the car to retrieve his license from the glove compartment. According to the policeman, defendant made several sweeping motions with his hand as though attempting to push something under the seat of the car. Defendant‘s hand motions drew Officer Erwin‘s attention and he noticed 20-25 white pills scattered on the floorboard of the car. The officer inspected one pill carefully, observed that it was marked with the manufacturer‘s code for quaalude, a hypnotic and sedative, and arrested defendant for possession of a controlled dangerous substance and for hit and run. The policeman testified that he did not run a check on defendant‘s license to determine whether there was a warrant out for defendant‘s arrest when he first received the license from defendant, but thought that he had run one at some time during the evening. Officer Davis, a narcotics officer with the Gretna Police Department, arrived after defendant‘s arrest and stayed until defendant was transported to the station. Officer Erwin also stated that he believed his sergeant “passed by to check” but didn‘t think that he ever got out of the car.
Mr. Butler, the victim of the hit and run accident, was the next witness at the hearing on the motion to suppress. Mr. Butler related how he had chased after defendant with a shotgun and found defendant, somewhat dazed, inspecting the damage to his own car. Mr. Butler said that he did not see any white tablets on the floor of the car when he inspected it to determine whether defendant might have a weapon available. It was at this time, according to Mr. Butler, that Officer Erwin arrived on the scene. Mr. Butler testified that Officer Erwin did not conduct a search of defendant‘s vehicle but immediately, upon learning of the hit and run accident, placed defendant under arrest, handcuffing him and placing him in the police car. Another officer arrived whom Mr. Butler said he would not be able to recognize. This officer went directly to the Volkswagen, raised the front cover of the car, looked inside and closed it. Following this action, the new policeman on the scene entered the interior of the car with a flashlight, raised the floor mat and said “ah ha, look what I‘ve got here.” On cross-examination by the prosecutor, Mr. Butler reiterated that Officer Erwin never searched the car. The witness further stated that he did not remember seeing defendant enter his car.
Finally defendant testified, stating that when Mr. Butler approached him with the shotgun, he was outside his car somewhat dazed and very frustrated with himself for having had the accident. He said that there was no contraband in plain view inside the automobile and that Mr. Butler was in a position to have seen it had there been. Defendant Roberds testified that he retrieved his license from his right rear pocket where he always kept it and gave it to Officer Erwin. Defendant believed that, upon receiving his license, Officer Erwin radioed headquarters and found that there was a traffic attachment on defendant. Mr. Roberds said that when Officer Erwin arrested and handcuffed him, the policeman did not say why he was making the arrest but did say something about a traffic attachment. While defendant was handcuffed and seated in the police car, other officers arrived and searched his car. It is unclear from defendant‘s testimony whether he means that more than one officer arrived later or that another officer arrived who, together with Officer Erwin, searched the car. Mr. Roberds admitted that he had quaaludes in his car and stated that the contraband was in a plastic bag under the floor mat from which location it was retrieved.
At the close of the hearing the trial judge denied the motion to suppress and defendant entered a guilty plea to the reduced charge.
Defendant argues, correctly, that the trial judge improperly allocated the burden of proof at the hearing on the motion to suppress.
In State v. Franklin, 353 So.2d 1315 (La. 1977), however, we addressed the issue of who bears the burden of proof at a suppression hearing involving a warrantless search and held:
“[O]nce the defendant makes the initial showing at a motion to suppress hearing that a warrantless search occurred, the burden of proof shifts to the State to affirmatively show that the search is justified under one of the narrow exceptions to the rule requiring a search warrant.” 353 So.2d at 1318-19.
Since Franklin, we have decided numerous cases on this same issue. E. g., State v. MacDonald, 390 So.2d 1276 (La.1980); State v. Jernigan, 390 So.2d 1306 (La.1980); State v. Robinson, 386 So.2d 1374 (La.1980); State v. Hatfield, 364 So.2d 578 (La.1978); State v. Banks, 363 So.2d 491 (La.1978); State v. Braud, 357 So.2d 545 (La.1978).1
In the case before us, defense counsel and the trial judge haggled throughout the hearing regarding upon which side the burden of proof rested. Ultimately, the judge stated that under
As we have held on numerous occasions, once defendant establishes that a warrantless search occurred, the burden of proof shifts to the state to affirmatively establish that one of the exceptions to the warrant requirement is applicable. The trial judge in the case before the bar committed error in placing the burden upon the defendant.
As noted above, defendant and Officer Erwin related markedly different versions of the circumstances surrounding the finding of the quaaludes. In the usual situation, such divergence in testimony presents an issue of fact to be determined by the trial judge and his determination will not be overturned by this Court absent a clear abuse of the much discretion granted him. The trial judge who had an opportunity to observe the demeanor of the witnesses while they were testifying is in a better position to assess their credibility. State v. Robinson, supra. The improper allocation of the burden of proof in the instant case prompts us to give the trial judge‘s determination less than the heavy presumption that his view of the evidence is correct.
Normally, when defendant and the police offer contradictory testimony, we recognize that defendant‘s statements are apt to be self-serving and view them with a certain degree of skepticism. At the same time, we keep in mind that the policeman may be attempting to justify an overzealous attempt to ferret out crime.
In the instant case, however, we are not presented with the typical situation for three reasons. First, as previously explained,
Defendant had argued in the alternative that the white tablets were not subject to seizure even if in plain view because the policeman picked up one and examined it to ascertain the manufacturer‘s code number. See State v. Meichel, 290 So.2d 878 (La. 1974). Defendant contends that the tablets were not immediately known to be contraband. Because we reverse the ruling on the motion to suppress on other grounds, we do not reach this argument.
Decree
We reverse the ruling on the motion to suppress. Defendant entered his guilty plea contingent upon our review of the trial judge‘s denial of the motion to suppress. Our reversal of that ruling requires that we void defendant‘s guilty plea so that his conviction is reversed. We remand the case to the trial court for proceedings not inconsistent with this opinion.
REVERSED AND REMANDED.