McCLENDON, J.
Defendant, Robert Dean Miller, was charged by bill of information with creation or operation of a clandestine laboratory, a violation of LSA-R.S. 40:983B (count one), and possession of a Schedule II controlled dangerous substance (oxycodone), a violation of La. R.S. 40:967C (count two). He initially pled not guilty and filed a motion to suppress. Following the trial court's denial of his motion to suppress, defendant withdrew his former pleas of not guilty and pled guilty as charged to both offenses. Defendant entered these guilty pleas pursuant to
Because defendant pled guilty, the facts of his case were not developed at trial. The following recitation of facts is taken from the testimony given at defendant's motion to suppress hearing.
On August 6, 2012, Deputy Leo Barthelemy, of the Livingston Parish Sheriff's Office, conducted a traffic stop of a vehicle on Range Avenue. Deputy Barthelemy's justification for the traffic stop was that the vehicle did not appear to have a properly displayed license plate.
On the basis of defendant's suspicious movements, Deputy Turner conducted a frisk of defendant's person. During the frisk, Deputy Turner found a syringe "stuck in between [defendant's] pants." As a result, Deputy Turner detained defendant at that time. Simultaneously, Deputy Barthelemy spoke with Ms. Smith and informed her of the reason for the stop. He also asked for, and received, verbal consent to search the vehicle. In the ensuing search, Deputy Barthelemy located another syringe under the seat where defendant had been sitting. That syringe contained a clear, liquid substance. He also located several closed bags in the backseat of the vehicle. Upon opening the bags, Deputy Barthelemy discovered that they contained ground-down Sudafed, camping fuel, tubing, gloves, Drano fluid, and coffee filters, all of which are common precursors used to make methamphetamine. Deputy Barthelemy then spoke to defendant, who admitted that he was going to use the items to produce methamphetamine. After he had been transported to the Livingston Parish Jail, defendant told Deputy Barthelemy that he would take responsibility for everything.
In his sole assignment of error, defendant contends that the trial court erred in denying his motion to suppress. As support for this position, defendant makes two specific arguments. First, defendant alleges that Deputy Turner's frisk was not made pursuant to any reasonable suspicion that he might be armed. Second, defendant contends that the search of the bags in the rear of the vehicle was made without permission from himself or Ms. Smith, thus rendering it an illegal search. On these bases, defendant seeks to suppress the syringe found on his person, the contents of the closed bags, and his incriminating statement regarding their plans to cook methamphetamine.
A defendant adversely affected may move to suppress any evidence from use at a trial on the merits on the ground that it was unconstitutionally obtained. LSA-C.Cr.P. art. 703A. The state bears the burden of proof when a defendant files a motion to suppress evidence obtained without a warrant.
The Fourth Amendment to the United States Constitution and Article 1, § 5 of the Louisiana Constitution protect people against unreasonable searches and seizures. Measured by this standard, LSA-C.Cr.P. art. 215.1, as well as federal and state jurisprudence, recognizes the right of a law enforcement officer to temporarily detain and interrogate a person whom he reasonably suspects is committing, has committed, or is about to commit a crime.
When a law enforcement officer has stopped a person for questioning pursuant to Article 215.1 and reasonably suspects that he is in danger, he may frisk the outer clothing of such person for a dangerous weapon. If the law enforcement officer reasonably suspects the person possesses a dangerous weapon, he may search the person.
Defendant's first argument in this assignment of error is that Deputy Turner erred in performing a weapons frisk because he lacked any reasonable suspicion that defendant might be armed. However, the testimony from the motion to suppress hearing reveals that, as they approached the vehicle, Deputies Barthelemy and Turner both witnessed defendant engage in swift, suspicious movements wherein he appeared to bend down and reach underneath car seats. Under similar circumstances, we have previously concluded that a police officer could reasonably suspect that an individual engaging in such actions might have been reaching for a dangerous weapon. In
Considering the above, we find that the trial court did not err or abuse its discretion in denying the motion to suppress with respect to Deputy Turner's frisk of defendant. Deputies Barthelemy and Turner witnessed defendant engage in suspicious reaching movements inside the vehicle immediately prior to their contact with him. Those movements alone justified Deputy Turner's weapons frisk of defendant. During the frisk, Deputy Turner lawfully seized the syringe, both due to its potential as a dangerous weapon and to its apparent nature as potential drug paraphernalia.
Defendant's second argument alleges that Ms. Smith's consent to search the vehicle did not extend to allow officers to search the bags located in the backseat, which he contends were owned solely by him. However, a consent search is a recognized exception to the warrant requirement.
The authority that justifies the third-party consent does not rest upon the law of property, with its attendant historical and legal refinements. Rather, it rests on mutual use of the property by persons generally having joint access or control for most purposes, so that it is reasonable to recognize that any of the co-inhabitants has the right to permit the inspection in his own right and that others have assumed the risk that one of their number might permit the common area to be searched. A person's expectation of privacy is severely limited by the joint dominion or authority over the property.
In
On appeal, the defendant argued that the driver's consent to search did not extend to the defendant's luggage located in the trunk of the vehicle. However, this court noted that an owner (and, in the absence of any evidence as to ownership, an operator) has the authority to consent to a vehicle search. Finding further that neither the driver nor the defendant had objected to the search of the luggage, this court upheld the trial court's denial of the motion to suppress and affirmed the defendant's conviction and sentence.
In the instant case, Deputy Barthelemy secured consent to search the vehicle from Ms. Smith who was, without question, the owner of the vehicle. In granting consent, Ms. Smith did not attempt to restrict either the scope or duration of the search. Similarly, defendant did not object to Deputy Barthelemy's search of the closed bags in the backseat. Therefore, pursuant to a consent search, Deputy Barthelemy lawfully recovered the bags' contents. The trial court did not err or abuse its discretion in denying defendant's motion to suppress related to these items.
Citing
This assignment of error is without merit.