State v. Horton

• Decision Date: 21 June 2002
• Docket Number: No. 2001-KK-2529.,2001-KK-2529.
• Citation: State v. Horton, 820 So.2d 556 (La. 2002)
• Parties: STATE of Louisiana v. Ditra S. HORTON and Junius Eli.
• Court: Louisiana Supreme Court

820 So.2d 556

STATE of Louisiana v. Ditra S. HORTON and Junius Eli.

No. 2001-KK-2529.

Supreme Court of Louisiana.

June 21, 2002.

Richard P. Ieyoub, Attorney General, Harry F. Connick, District Attorney, Steffie K. Billings, Anne M. Termine, New Orleans, Counsel for Applicant.

Wayne T. Fontenelle, New Orleans, Anderson Council, Kenner, Counsel for Respondent.

JOHNSON, Justice.

We granted the State's writ application to determine whether the court of appeal erred in affirming the trial court's finding that New Orleans police officers lacked probable cause in searching defendants' residence and seizing property found therein. After carefully reviewing the record and relevant jurisprudence, we do not find the lower courts committed manifest error. Accordingly, we affirm their decisions.

FACTS AND PROCEDURAL HISTORY

The District Attorney for the Parish of Orleans ("the State") charged Junius Eli and Ditra S. Horton ("defendants") with possession of 200 to 400 grams of cocaine and possession of heroin, in violation of LA.REV.STAT. ANN. §§ 40:967(F)(2) and 40:966(C)(1) (West 1997). The preceding police investigation began on or about October 22, 2000, when New Orleans Police Detective Paul Noel stated that a confidential informant indicated that a black male, approximately 60-years of age and known as "Ghost" or "Eli," was utilizing 8915 Pritchard Place as a retail outlet for drug trafficking. Noel said the informant also indicated that the suspect used 3926 General Ogden Street to store the bulk of the drugs, although the suspect did not reside at that address. Noel further stated the informant indicated that his basis of knowledge was that he personally purchased cocaine from "Ghost" within the previous 48-hours.

Detective Noel also stated the informant indicated that an unknown black female, about 45-years old, who drove a grey Buick Century bearing Louisiana license plate "JAF 316" resided at 3926 General Ogden Street and that "Ghost" drove a black Lincoln Navigator bearing Louisiana license plate "V493224." Noel stated that the informant indicated that the unknown female assisted "Ghost" in his narcotics trafficking. Based on the forgoing, several detectives conducted extensive surveillance of defendants' residences.

On October 24, 2000 and during the surveillance, Detective Noel observed a black male (later identified as defendant Junius Eli), matching the description he said was given by the confidential informant, exit the Pritchard Place residence and enter a black Lincoln Navigator located outside the residence. Assisted by Detectives Andrew Roccaforte and Demond Lockhart, Noel followed Eli to the intersection to Tulane Avenue and Broad Street.

At approximately the same time, Detective Jeff Keating was conducting a surveillance of the General Ogden Street residence. He observed a black female (later identified as defendant Ditra S. Horton), matching the description Detective Noel said was given by the confidential informant, and carrying a brown paper bag, exit the residence and enter a Buick Century automobile. Detective Keating followed Harton to the corner of Tulane Avenue and Broad Street.

After Horton arrived at Tulane and Broad, Eli exited his vehicle and entered the Buick Century. Defendants then proceeded to three different locations where police officers observed what they allegedly believed to be three separate drug transactions. On the following day, October 25, 2000, Detective Noel presented a magistrate judge with an application for a search warrant for both the Pritchard Place and General Ogden Street residences.

In executing the warrant on the General Ogden Street residence, the officers found no obvious contraband. They did, however, find a locked toolbox. The detectives broke-off the toolbox's lock and seized: (1) a plastic bag containing 139.5 grams of cocaine; (2) a "Star Wars" bag containing another plastic bag with 251 grams of cocaine; (3) two glass tubes with cocaine residue; (4) a torn envelope with white powder; (5) a piece of aluminum foil containing heroin; (5) a triple beam scale; (6) a digital scale; (7) a box of sandwich bags; and (8) numerous used plastic bags. The detectives also seized $579.07 from Horton.

In executing warrant on the Pritchard Place residence, the officers did not find any contraband items. Nevertheless, an officer brought over the padlock from the toolbox at the General Ogden Street residence and seized a matching key from Eli's key chain. The detectives subsequently arrested and seized $432 from Eli.

Defendants pleaded not guilty to the State's drug possession charges and moved the Criminal District Court for the Parish of Orleans to suppress the seized contraband. The district court granted defendants' motion and the State evidenced its intent to seek supervisory writs. The Fourth Circuit Court of Appeal denied the State's application. 01-K-1335 (La.App. 4 Cir. 8/10/01). The State filed supervisory writs with this Court. We granted the application. 01-KK-2529 (La.12/14/01), 803 So.2d 978.

LAW AND ANALYSIS

The State alleges the district court abused its discretion in granting the motion to suppress evidence because the magistrate judge found probable cause before issuing the search warrant. Moreover, the State argues the court of appeal committed manifest error in not reversing the district court's ruling.

In addressing probable cause and the magistrate's decision to issue the warrant, the State relies on State v. Hamilton, 572 So.2d 269 (La.App. 1 Cir.1990) which holds:

[t]he task of the reviewing court in evaluating a search warrant affidavit is simply to ensure that the judge had a substantial basis for concluding that probable cause existed. A magistrate's determination of probable cause should be accorded great deference by a reviewing court.

Id. at 272. The State argues the affidavit as presented in the case sub judice contained information about the veracity of the confidential informant, his basis of knowledge, and that the information was corroborated by defendants' actions, as witnessed by the affiant. The State, therefore, argues the magistrate found more than probable cause to issue the search warrant.

In evaluating the State's contention, we find it useful to begin our analysis by reviewing the relevant jurisprudence. In Illinois v. Gates, 462 U.S. 213, 103 S.Ct. 2317, 76 L.Ed.2d 527 (1983), the United States Supreme Court abandoned its previously-adopted strict, two-prong test in determining whether information given by a confidential informant is sufficient to establish probable cause. The two-prong test, developed in Aguilar v. Texas, 378 U.S. 108, 84 S.Ct. 1509, 12 L.Ed.2d 723 (1964) and Spinelli v. United States, 393 U.S. 410, 89 S.Ct. 584, 21 L.Ed.2d 637 (1969), prohibited a finding of probable cause based on information given by a confidential informant unless both the "veracity," or "reliability," and the "basis of knowledge" of the information could be shown.

The Gates Court adopted a "totality-of-the-circumstances" test in evaluating a confidential informant's credibility. See Gates, 462 U.S. at 230-33, 103 S.Ct. 2317. Although other factors may be used in evaluating probable cause, veracity, reliability, or basis of knowledge, continue to be highly-relevant. See, e.g., State v. Lewis, 442 So.2d 1159, 1162 (La.App. 3 Cir. 1983), writ denied, 444 So.2d 1214 (La. 1984) (noting that although the Gates Court abandoned a rigid two-prong test in evaluating probable cause, veracity, reliability and the basis of knowledge remain very important); see also State v. Keno, 534 So.2d 160 (La.App. 3 Cir.1988) (reversing a district court's refusal to grant defendant's motion to suppress because of an absence of information giving credibility to a confidential informant).

Omissions from the Police Officer's Search Warrant Application

The district court was justly concerned about several omissions in Detective Noel's search warrant application and contradictory testimony given at the motion hearing. As the affiant, Detective Noel indicated that based on a reliable confidential informant's tip and his witnessing of corroborating events, defendants were in possession of cocaine and trafficking drugs. See, generally, Application for Search Warrant. Detective Noel neglected, however, to inform the issuing magistrate that the confidential informant did not purchase drugs from defendants within the previous 48-hours and that the informant was paid $700 for information about defendants. See Transcript of Motion Hearing (3/29/01) at 21-22 (hereinafter "Transcript"). He also did not advise the magistrate that officers conducted an extensive surveillance of both residences and followed defendants to several locations, but never observed any suspicious behavior. See id. at 7, 24-25.

Furthermore, the affiant did not advise the magistrate that the officers searched one of the individuals who received a bag from Eli and the bag only contained ribbon. The affiant also did not advise the magistrate that they failed to stop or search the parties involved in two other alleged transactions.

During the motion hearing, defendants called Rocque Caston and Walter Taylor to testify. Mr. Caston indicated that he rolls ribbon, making umbrellas and fans, for various second-line clubs in New Orleans. He stated that on the day in question, defendant Eli met him at the intersection of Earhart and South Galvez to give him a plastic bag containing ribbon, along with $35 as payment for him rolling the ribbon. See Transcript at 43-46. Caston also testified that shortly after he met with Eli, police officers stopped and handcuffed him as they pulled-down his pants and searched for evidence of a drug transaction. See id. at 45. The officers only discovered ribbon, much like that Caston indicated he gave to Eli. Similarly, Mr. Taylor indicated he had known Eli for more than 20-years because of their association with a New Orleans Mardi Gras club. He also...