State v. Buckley

Decision Date10 January 1983
Docket Number82-K-1538,Nos. 82-K-1283,s. 82-K-1283
Citation426 So.2d 103
CourtLouisiana Supreme Court
PartiesSTATE of Louisiana v. Gloria BUCKLEY. STATE of Louisiana v. Ernest ROBERTSON.

William J. Guste, Jr., Atty. Gen., Barbara Rutledge, Asst. Atty. Gen., Harry F. Connick, Dist. Atty., Louise Korns, Asst. Dist. Atty., for plaintiff-appellee in No. 82-K-1283.

Maurice T. Hattier, New Orleans, for defendant-appellant in No. 82-K-1283.

Harry F. Connick, Dist. Atty., William Campbell, Asst. Dist. Atty., for relator in No. 82-K-1538.

Calvin Johnson, New Orleans, Supervising Atty., Erika Beck, Student Practitioner Veronia Martzell, New Orleans, for respondent in No. 82-K-1538.

DIXON, Chief Justice.

In each of these two cases we granted writs sought by the State of Louisiana to review the actions of the Orleans Parish Criminal District Court which sustained defendants' motions to suppress the evidence. Because of the similarity of the factual situations, procedural postures and issues of law in these two cases, the cases have been consolidated in this court and both will be treated in this opinion.

Gloria Buckley was charged by bill of information April 1, 1982 with possession of Talwin in violation of R.S. 40:967. Defendant pleaded not guilty and filed a motion to suppress the evidence which the state answered. After a hearing on the motion and the submission of briefs, the trial judge ordered the evidence suppressed. The state's application for writs of certiorari was granted. 416 So.2d 936 (La.1982).

Ernest B. Robertson was charged by bill of information on May 4, 1982 with possession of Preludin in violation of R.S. 40:967 to which he pleaded not guilty. Robertson also filed a motion to suppress the evidence which was granted by the trial court after a hearing and submission of briefs. The state's application for writs was granted. 416 So.2d 937 (La.1982).

Both defendants were arrested shortly after allegedly making drug purchases in an area of the City of New Orleans suspected by the police as being high in drug trafficking, and each was in possession of drugs at the time of their arrest. Confidential informants played a part in both of these separate arrests, and in neither case was the suspected seller of the drugs arrested. The defendants claim the evidence should be suppressed because of violations of their constitutional and statutory protections against unreasonable searches and seizures. Specifically, defendants argue that there was insufficient probable cause for the searches or for the arrests.

At the hearing on Gloria Buckley's motion to suppress, the following facts were adduced. 1 Officer Selby of the Special Operations Division of the New Orleans Police Department testified that on the afternoon of March 18, 1982 he (and others not named) met with a confidential informant who stated that he had observed a black female known as "Vickie" selling narcotics on the corner of Thalia and South Rampart Streets. According to the informant, Vickie was wearing brown slacks and a white blouse and had been dealing drugs in front of Snow's Gambling Shack on the lake, downtown corner of the intersection throughout the course of the day.

Selby asked the informant to return to the intersection to determine if Vickie was still selling drugs, and to report at a nearby pay telephone. The informant telephoned at 4:20 that afternoon and reported that he was at the intersection and had observed another black female dressed in a one-piece, striped red and white outfit get out of a gold Plymouth, approach Vickie and hand her some United States currency. Vickie took the currency inside the restaurant and then returned to the female waiting outside. Vickie handed her some pills that were described by the informant as being pink and blue, the size of aspirins, which she placed in her right hand. The female then crossed South Rampart and walked toward downtown.

Upon receiving this information, the officers proceeded in their car up Erato Street, turning left toward uptown on South Rampart. They observed a female in a red and white striped outfit walking toward them on the left side of the street. Officer Selby testified that they observed her place something from her right hand into the small brown purse she was carrying. The officers got out of the car, identified themselves as police officers, and asked the female if they could see her purse, and if she would mind emptying the purse onto the trunk of the police car. The female stated, "You have me," and admitted having narcotics in her purse. The purse was then emptied, yielding six loose pills, three Talwin and three Pybenzomine. The female, Gloria Buckley, was then advised of her rights and taken to Central Lockup.

Officer Selby testified that an attempt was made to locate Vickie and the other occupants of the gold Plymouth but it was unsuccessful. The officer explained that when anyone is stopped at or near that intersection, the remaining people disband and somewhat disappear.

On cross-examination, Officer Selby testified that the confidential informant involved in this arrest was "quite reliable." Officer Selby estimated that seventy to eighty arrests had been made with this informant and others working in that area of the city. Responding to a question from the court concerning convictions following the arrests, Selby stated that they were still going to court on the cases, but that they had not lost one of the cases yet.

The hearing on Ernest Robertson's motion to suppress was held on June 11, 1982. Officer Selby again testified for the state. After confirming the past reliability of the informant used in the arrest, Selby testified that he received information that subjects were dealing narcotics at the corner of Thalia and South Rampart Streets in front of a bar located on the lake side of South Rampart Street in New Orleans. In particular, the informant described the clothing of two individuals whom he had observed selling drugs. A female was described as wearing red slacks and a silky white blouse and a male was wearing blue jeans and a black silk shirt with some lighter colored design in it. Officer Selby took up a position in a building across the street and observed the described subjects, among others, outside in front of the bar.

The female and the male were engaged in conversation on the sidewalk when they were approached by Ernest Robertson. Robertson and the female walked to the entrance of the bar, where Robertson handed United States currency to the female who took it into the bar. When she returned, she handed something to Robertson which he took in his right hand. Selby could not see what was passed to Robertson. Robertson then stepped down from the step in front of the bar, looked up and down the street, and walked up Thalia Street toward Saratoga Street. Feeling that a drug transaction had taken place, Selby radioed a unit in the area and described Robertson's clothing and indicated his location and direction.

The arrest of Ernest Robertson was made by Officer Bardy who received the radio message from Officer Selby. Bardy, called by the defense, testified that he had been told by Selby that a drug transaction had just taken place and the subject, wearing short blue pants and a brown print design shirt, was heading down Thalia in the direction of Saratoga with whatever he had purchased in his right hand. Bardy was parked in an unmarked car on Saratoga and saw Robertson, matching the radioed description, pass directly in front of his car. Bardy stated that as Robertson noticed the officers in the car, he quickened his pace, but Bardy immediately got out of the car and told Robertson to "hold up" and retrieved from his right hand ten orange Preludin pills in a celophane wrapper.

When Robertson was stopped, again the intersection under surveillance by Officer Selby became quickly deserted. The female involved in the transaction with Robertson crossed South Rampart Street and headed toward uptown out of Selby's view. The male subject was not pursued according to Officer Selby since he had not been involved in any transaction that Selby saw. Selby testified that he believed the arresting officers came down Thalia in search of the female, but were unable to locate her.

The defense also called Yvonne Porter, the girl friend of Robertson. Her testimony was that she and her baby were eating in a cafe with Robertson. He finished eating early and left to take a walk down the street, saying he would be right back. After Porter and the baby finished, they decided to wait for Robertson in his truck. She stated that she saw him walking up Thalia in the direction of the cafe when he was stopped by the officer. The essence of her testimony was that Robertson was acting normally at the time of his arrest, with nothing visible in his hand.

The state argues in each instance that there was probable cause to arrest, and that the contraband was found in a search pursuant to a lawful arrest. This is a recognized exception to the rule that a warrantless search is unreasonable. Chimel v. California, 395 U.S. 752, 89 S.Ct. 2034, 23 L.Ed.2d 685 (1969); State v. Tomasetti, 381 So.2d 420 (La.1980). However, the police must affirmatively show that probable cause existed for the arrests, for if an arrest is unreasonable, a subsequent search does not come within the exception. State v. Zielman, 384 So.2d 359 (La.1980).

Probable cause to arrest exists when the detaining officer has articulable knowledge of particular facts sufficient to reasonably suspect the detained person of criminal activity and thus justify an infringement on his constitutionally protected right of freedom from governmental interference. Beck v. Ohio, 379 U.S. 89, 85 S.Ct. 223, 13 L.Ed.2d 142 (1964); State v. Wilson, 366 So.2d 1328 (La.1978). Probable cause must be judged by the probabilities and practical considerations of everyday life on which average men, and...

To continue reading

Request your trial
77 cases
  • People v. Ratcliff, 88SA351
    • United States
    • Colorado Supreme Court
    • 18 Septiembre 1989
    ...suspicious actions provided law enforcement officials with probable cause to open two small packages wrapped in duct tape); State v. Buckley, 426 So.2d 103 (La.1983) (police observation of a suspicious transfer provided them with probable cause to search defendant's purse); see also United ......
  • State v. Griffin
    • United States
    • Court of Appeal of Louisiana — District of US
    • 19 Abril 2017
    ...of probable cause "at the time of the arrest must be determined without regard to the result of the subsequent search." State v. Buckley , 426 So.2d 103, 107 (La.1983) (citing State v. Finklea , 313 So.2d 224 (La.1975) ). Counsel concludes:Officers cannot pull themselves up by the bootstrap......
  • Statev. Harris
    • United States
    • Court of Appeal of Louisiana — District of US
    • 2 Agosto 2012
    ...in which the character of the area gives color to conduct which might not otherwise arouse the suspicion of an officer.” State v. Buckley, 426 So.2d 103, 108 (La.1983). It has also been qualified, as, for example, an “area in which many narcotics arrests have been made.” State v. Barney, 97......
  • State v. Neslo
    • United States
    • Louisiana Supreme Court
    • 23 Mayo 1983
    ...person, and particularly an average police officer, in the belief that the person to be arrested has committed a crime. State v. Buckley, 426 So.2d 103 (La.1983); State v. Johnson, 422 So.2d 1125 (La.1983). There was no reason to doubt the information in the possession of the police; it had......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT