State v. TannerState v. Tanner
The defendants were charged with possession of heroin.
Mario Catalanotto was sentenced to five years at hard labor without benefit of probation or suspension of sentence. Margaret Catalanotto was sentenced to four years at hard labor without probation or suspension of sentence. Steve Pierce was sentenced as a second offender (
At the motions hearing Officer O‘Neal testified that he was doing a zone check on August 23, 1995 and obtained a printout of two outstanding warrants for Hilary Pierce Jr.2 (a capias) and Beverly Pierce (an open NOPD item number) at 7119 Colapissa. On April 24, 1995 he and Officers Bush and Montalbano went to 7119 Colapissa and knocked on the front door. A passer-by told the officers that the residents used the side door under the carport. As the officers approached the side door, Larry Tanner was exiting. He closed a wooden door and was opening the screen door. When he saw the police he attempted to retreat into the apartment and dropped a $10 bill and a tinfoil packet which the officers suspected to be heroin. Officer Bush grabbed Tanner in the entryway while Officer Montalbano retrieved the tinfoil and $10 bill. The officers heard a commotion inside where people were moving around, and someone yelled to watch for the police.
Tanner was pushed inside into the foyer so that the three officers could remain in sight of each other for safety. The officers entered a small foyer with a washer and dryer and saw a large number of people in the one room efficiency to the right. Officer O‘Neal did not recall a door, but there was an opening to the room. Mario and Margaret Catalanotto were standing at the foot of a waterbed. Lying on the bed was Steve Pierce. The individuals were attempting to hide and/or discard contraband. Mario Catalanotto discarded a cooker and a syringe. Steve Pierce discarded a film container with 15 foils. Margaret Catalanotto tried to push a $20 bill and a tinfoil between the waterbed and the frame. The officers saw drug paraphernalia in plain view on table tops and dressers.
Hilary Pierce, Sr. [Jr.] and Hilary Pierce, Jr. [III] exited the latter‘s room to the left where drug paraphernalia, a bottle with residue (cocaine), syringes, and empty foils were in plain view. Everyone was arrested and advised of their rights. Individual searches revealed that Hilary Pierce, Sr. [Jr.] had a crack pipe and Mario Catalanotto had a cigarette pack with a container of white powder (found to be heroin and cocaine). All suspects had track marks on their arms except Mario Catalanotto who stated that he used his legs.
Margaret Catalanotto went to trial and that testimony can be considered to determine whether the motion to suppress was properly denied as to evidence against her. See State v. Johnson, 557 So.2d 1030 (La. App. 4th Cir.1990). Officer Montalbano stated they were in plain clothes but their badges were visible. Tanner attempted to go inside and Officer Bush grabbed him. The officers heard the commotion, someone screamed “Police,” and the officers entered. When asked to raise her hands, Margaret
Mario Catalanotto testified that he was a drug addict and had stopped at the Pierce apartment to buy heroin, but he told Margaret that he was picking up tools. He claimed that Margaret did not buy heroin and he never saw her use heroin. In rebuttal the State had Margaret Catalanotto roll up her sleeves to show the jury track marks.
ERRORS PATENT
A review of the record reveals that Mario Catalanotto was not present at his arraignment as required by
There is an error in the commitment form for Margaret Catalanotto. According to the form she was sentenced to four years at hard labor without benefit of parole, probation, or suspension of sentence. The statute under which she was charged,
MOTION TO SUPPRESS
Generally, there is a protection against unreasonable searches and seizures.
Searches are conducted pursuant to warrants issued by a judge or magistrate on the basis of probable cause.
Probable cause does not justify entry into an area otherwise protected. Intrusion is justified if there is probable cause to arrest and exigent circumstances. State v. Rudolph, 369 So.2d 1320 (La.1979), cert denied, 454 U.S. 1142, 102 S.Ct. 1001, 71 L.Ed.2d 294 (1982). Examples of exigent circumstances include escape of a defendant, avoidance of a possible violent confrontation which could cause injury to the public or the police officers, and destruction of evidence. State v. Hathaway, 411 So.2d 1074 (La.1982).
Tanner was stopped on private property. The officers had a right to be at the carport near the side door because they were executing warrants. The officers knocked at the front door with no answer. They had the right to enter the premises to execute the warrant for Pierce. When Tanner discarded money and a tinfoil packet then attempted to flee into the residence, the officers had reason to believe Tanner had engaged in a drug transaction inside the residence, from which they heard a number of people and a commotion. Probable cause and exigent circumstances justified their entry into the residence. Once inside the officers observed the suspects attempt to hide and discard tinfoil packets and currency. They found drug paraphernalia in plain view which they could seize.
The trial court properly denied defendants’ motions to suppress. The guilty pleas of Steve Pierce and Mario Catalanotto and the conviction of Margaret Catalanotto are affirmed. The defendants’ sentences are also affirmed.
The trial court is ordered to correct the commitment form of Margaret Catalanotto to provide that her sentence is to be served without benefit of probation or suspension of sentence.
AFFIRMED.