State v. Fauria, 80-K-1438

Decision Date26 January 1981
Docket NumberNo. 80-K-1438,80-K-1438
Citation393 So.2d 688
PartiesSTATE of Louisiana v. Harvey FAURIA, Alvin Blouin and Bryan Blouin.
CourtLouisiana Supreme Court

William J. Guste, Jr., Atty. Gen., Barbara Rutledge, Asst. Atty. Gen., Harry F. Connick, Dist. Atty., Leon Cannizzaro, Louise S. Korns, Asst. Dist. Attys., for plaintiff-relator.

John M. Lawrence, Orleans Indigent Defender Program, New Orleans, for defendants-respondents.

DENNIS, Justice.

We granted the state's application for a writ of certiorari to review the trial judge's suppression of evidence obtained through warrantless arrests and seizures.

On April 5, 1980, New Orleans Police Officer Richard Dugas, while in the vicinity of Downman and Morrison Roads, observed the three defendants near a spool of cable lying on the ground. The officer observed that the men had a cable cutter and were transferring cut pieces of cable into the rear of a pickup truck. Recalling a complaint of a theft of copper cable made earlier by the Harbor Police, Officer Dugas approached the three men and held them until the Harbor Police, whom he had notified, arrived on the scene.

Dugas' report was relayed by radio to Harbor Policeman Rudolph Schultz who came to his assistance. We infer from the record that Schultz responded quickly; he was dispatched by radio and apparently proceeded directly to the location. When he arrived Schultz observed two pickup trucks, the spool of wire in the street, and pieces of cut wire in the back of one of the pickup trucks. Officer Dugas informed Schultz that he had observed the defendants cutting the wire. Schultz testified that he asked the three men what they were doing with the cable, and that one of the defendants stated that "he worked that he chased somebody down and he picked the wire up." Schultz noticed that the wire and the spool were similar to the type of wire and spool that had been stolen from the wharves three days to a week before this incident.

Following these events, the three defendants were placed under arrest; the spool of wire, the cable cutter, and the loose wire were seized. Defendants were then charged with theft and receiving stolen goods valued at $4,000. Defendants moved to suppress the evidence and the trial court granted their motion after a hearing.

If a defendant produces evidence that he was arrested or subjected to a search without a warrant, the burden shifts to the prosecution to justify the warrantless arrest or search. See State v. Franklin, 353 So.2d 1315 (La.1978). In the present case the prosecution elicited evidence that the arrests and seizures were without warrants. Accordingly, the state must show that the arrests were based on probable cause and that the evidence seized was justified under one of the recognized circumstances in which a search warrant is not required.

The initial detention of the defendants by Officer Dugas was authorized by Article 215.1 of the Code of Criminal Procedure. Section A of the article provides that "(a) law enforcement officer may stop any person in a public place whom he reasonably suspects is committing, has committed or is about to commit a felony or a misdemeanor and may demand of him his name, address and an explanation of his actions." Given the knowledge that Officer Dugas had concerning the thefts of copper cable from the wharves, when he observed the defendants cutting the cable and placing it in one of the pickup trucks parked nearby, he reasonably suspected that criminal activity might be afoot. Thus, an investigatory stop was justified. See Terry v. Ohio, 392 U.S. 1, 88 S.Ct. 1868, 20 L.Ed.2d 889 (1968); State v. Hunter, 375 So.2d 99, 101 (La.1979); 3 LaFave, Search and Seizure, § 9.3 at 69-70.

Although the Supreme Court has not clearly laid the ground rules for an investigatory stop, it is clear that the stop and inquiry must be "reasonably related in scope to the justification for their initiation," Terry v. Ohio, 392 U.S. at 29, 88 S.Ct. at 1868, 20 L.Ed.2d at 889, and "substantially less intrusive than arrests." Dunaway v. New York, 442 U.S. 200 at 210, 99 S.Ct. 2248 at 2255, 60 L.Ed.2d 824. A brief stop of a suspicious individual, in order to determine his identity or to maintain the status quo momentarily while obtaining more information, may be most reasonable in light of the facts known to the officer...

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  • People v. Lippert
    • United States
    • Illinois Supreme Court
    • 19 Febrero 1982
    ...addition, cases from other jurisdictions, on facts much closer to those here, which have approved similar police conduct. In State v. Fauria (La.1981), 393 So.2d 688, a detention of suspects at the site of the stop to await arrival of policeman who could identify suspected stolen goods was ......
  • State v. Daniels
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    ...suspected of criminal activity is well established. Terry v. Ohio, 392 U.S. 1, 88 S.Ct. 1868, 20 L.Ed.2d 889 (1968); State v. Fauria, 393 So.2d 688 (La.1981); State v. Taylor, 363 So.2d 699 (La.1978); LSA-C.Cr.P. Art. 215.1. The officer must be able to articulate specific facts which warran......
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    ...name, address, and an explanation of his actions. See also Terry v. Ohio, 392 U.S. 1, 88 S.Ct. 1868, 20 L.Ed.2d 889 (1968); State v. Fauria, 393 So.2d 688 (La.1981); State v. Taylor, 363 So.2d 699 The right to make an investigatory stop must be based on reasonable cause to believe that the ......
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    • Court of Appeal of Louisiana — District of US
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