State v. Fleming
State v. Fleming
Opinion of the Court
The defendant, Patrick Fleming, appeals the denial of his Motion To Suppress Evidence in his conviction for possession of cocaine. Because we find no error in this determination by the trial court, we affirm.
Fleming was charged with possession of cocaine, in violation of LSA-R.S. 40:967(G). In a separate bill of information, Fleming was charged with possession of marijuana, which was seized simultaneously with the cocaine.
laAfter accepting Fleming’s guilty plea, the trial judge sentenced him to 18 months of imprisonment at hard labor to run concurrently with the sentence in the marijuana case. Fleming’s timely motion for appeal was granted.
At the hearing on the motion to suppress, Detective Shane Tilford testified that in 1999, he was a patrol officer with the Kenner Police Department. On December 23, 1999, at approximately 11:15 p.m. he noticed a vehicle changing lanes without signaling on Williams Boulevard.
Tilford stated that one of the packages was blue, and next to it “looked like a little piece of clear plastic.” He found the color of the container significant, because marijuana in gram sizes is commonly packaged in small blue, red, or clear packages. According to Detective Tilford, the driver did not seem nervous, while the defendant was “semi-nervous, asking a lot of questions.” Detective Tilford also stated that the defendant appeared to be slightly impaired or intoxicated. Because Fleming seemed to be very “aggravated” that the car had been stopped, Detective Tilford also asked for his identification in the event that there was an “incident” with him.
Fleming provided his identification, and a computer check revealed that Fleming had an outstanding ■ attachment. "When a back-up officer arrived, that | ¿officer stood with the driver and Detective Tilford went to’ the passenger’s side of the vehicle to arrest Fleming on the attachment. The officer asked Fleming to exit the vehicle, and he did so without incident. After Fleming was arrested and placed in the police unit, Detective Tilford shined his flashlight through the windshield of the car onto the floorboard where defendant had placed the objects, “... Right where the seat met the floorboard,” Detective Tilford saw what he believed to be a “package of marijuana with a small tear off baggie, which was clear plastic, which is commonly used to package individual pieces of crack cocaine.” He also saw a partially smoked marijuana cigarette. The officer was able to position his flashlight and see the objects “without actually digging under the seat.” Detective Tilford stated he knew the blue, square package was itself not a weapon, but wanted to make sure there wasn’t a weapon under the seat. He suspected the blue packaged object to be marijuana, because marijuana was frequently wrapped that way. The pohce report, which was not introduced into evidence at the hearing, indicates that the officer found a small, partially-smoked marijuana cigarette, a blue plastic bag containing a green substance that field-tested positive for marijuana, and a clear plastic bag containing a substance that field-tested positive for cocaine.
On appeal, Fleming contends that the trial judge improperly denied his motion to suppress because the evidence was the product of an unlawful search.
Warrantless searches ' and seizures are unreasonable per se unless justified by one of the specific exceptions to the warrant requirement.
A search incident to a lawful arrest is a recognized exception to the warrant requirement.
We have previously considered a similar situation in which a defendant and his companions were secured inside the police car when cocaine was discovered in the auto.
Further, if a car is readily mobile and probable cause exists to believe that it contains contraband, the Fourth Amendment permits police to search the vehicle.
|7We have reviewed the record for errors patent,
For the foregoing reasons, we affirm the denial of the motion to suppress, and affirm the conviction and sentence herein.
AFFIRMED.
. State v. Patrick Fleming, 01-KA-1370, is a companion to the instant appeal.
. State v. Patrick Fleming, 01-K-411 (La.App. 5 Cir. 4/26/01).
.See State v. Crosby, 338 So.2d 584 (La. 1976).
. Schneckloth v. Bustamonte, 412 U.S. 218, 93 S.Ct. 2041, 2043, 36 L.Ed.2d 854 (1973); State v. Russell, 98-682 (La.App. 5 Cir. 1/13/99), 726 So.2d 444, 446, writ denied, 99-767 (La.6/18/99), 745 So.2d 19.
. State v. Ellis, 94-599 (La.App. 5 Cir. 5/30/95), 657 So.2d 341, 353, writs denied; 95-2095 (La. 12/8/95), 664 So.2d 421, 95-1639 (La. 1/5/96), 666 So.2d 300.
. Chimel v. California, 395 U.S. 752, 89 S.Ct. 2034, 23 L.Ed.2d 685 (1969).
. New York v. Belton, 453 U.S. 454, 101 S.Ct. 2860, 69 L.Ed.2d 768 (1981).
. State v. Freeman, 97-1115 (La.App. 5th Cir.12/29/98), 727 So.2d 630, 634-635.
. State v. Freeman, supra, citing State v. Alaimo, 95-1044 (La.App. 4 Cir. 6/29/95), 657 So.2d 1102, 1104. Also State v. Mitchell, 97-2774 (La.App. 4th Cir.2/3/99),731 So.2d 319, 328.
. State v. Freeman, supra; State v. Simmons, 95-309 (La.App. 5 Cir. 10/18/95), 663 So.2d 790.
. State v. Lopez 2000-0562 (La.l 1/3/00), 772 So.2d 90, 93; State v. Toca 99-1871 (La.App. 4th Cir.9/6/00),769 So.2d 665, 668, citing Maryland v. Dyson, 527 U.S. 465, 119 S.Ct. 2013, 144 L.Ed.2d 442 (1999).
. State v. Pittman, 95-382 (La.App. 5th Cir. 10/1/96), 683 So.2d 748, 764; State v. Russell 98-682 (La.App. 5th Cir.1/13/99), 726 So.2d 444, 446.
. State v. Washington 99-1111 (La.App. 4 Cir. 3/21/01),788 So.2d 477, 488; see also State v. Simms, 571 So.2d 145 (La. 1990).
. LSA-C.Cr.P. art. 920; State v. Oliveaux, 312 So.2d 337 (La. 1975); State v. Weiland, 556 So.2d 175 (La.App. 5 Cir. 1990).
Reference
- Full Case Name
- STATE of Louisiana v. Patrick A. FLEMING
- Cited By
- 1 case
- Status
- Published