HIGGINBOTHAM, J.
The defendant, Derek Kirk Dupont, was charged by bill of information with possession of heroin, a violation of La. R.S. 40:966(C).
The following facts are based on testimony adduced at the hearing on the motion to suppress evidence. On May 8, 2013, Detective John Cole, with the Narcotics Division of the Slidell Police Department, was patrolling when he was contacted by a fellow officer who was following a silver Chevrolet Camaro that had just left a house in the Old Spanish Trail area in Slidell. The house had been under surveillance for drug activity and the officer following the Camaro had observed the defendant, the front passenger of the vehicle, make contact with someone from that house. When the driver of the Camaro failed to use her turn signals, the officer made a traffic stop. Detective Cole arrived at the scene shortly thereafter and approached the defendant. When he saw the defendant place his hand in his front pocket, Detective Cole ordered him out of the vehicle and performed a pat-down search for weapons. The detective felt what appeared to be plastic or cellophane-wrapped drugs in the same pocket where the defendant had his hand. Detective Cole removed the item, which was a plastic bag containing heroin. The defendant ran, but was subsequently apprehended.
In his sole assignment of error, the defendant argues the trial court erred in denying his motion to suppress the evidence. Specifically, the defendant contends the officers did not have probable cause to believe the passengers inside the vehicle had any illegal drugs, firearms, or other evidence of criminal activity.
When a trial court denies a motion to suppress, factual and credibility determinations should not be reversed in the absence of a clear abuse of the trial court's discretion, i.e., unless such ruling is not supported by the evidence.
At the motion to suppress hearing, Detective Cole testified that he was being radioed information from a Detective Bush who was conducting surveillance of a house off of Almonaster Street, near Old Spanish Trail. There were ongoing complaints about drug trafficking from that house. Detective Bush informed Detective Cole that he observed a silver Camaro stop near the house. A woman exited the house and met with the front passenger, later identified as the defendant. Shortly thereafter, the Camaro left the residence. Detective Bush followed the vehicle. When the driver failed twice to use her turn signals, she was pulled over for traffic violations. At that time, Detective Cole arrived on the scene. One of the other police officers on the scene made contact with the driver, and Detective Cole made contact with the defendant. When the detective approached the passenger side of the Camaro, he saw the defendant reaching into his right front pocket. Detective Cole ordered the defendant to exit the vehicle and he performed a
In denying the motion to suppress, the trial court stated:
The defendant argues in brief that the State failed to show that probable cause and exigent circumstances justified a warrantless search and seizure. According to the defendant, not one officer noticed any criminal activity happening at the residence under surveillance; he (the defendant) had no contact with anyone going to or leaving from that particular residence; and while the officers may have had a hunch there was illegal activity, such information came from an anonymous source.
Based on the record before us, none of these assertions by the defendant appear accurate. Detective Bush did observe a suspected drug transaction when he saw the female from the house meet with the defendant at the passenger-side window. As such, the defendant clearly had contact with someone "going to or leaving from that particular residence." Finally, the information did not come from an anonymous source, but directly from Detective Bush, who observed a possible drug transaction.
In any event, based on the foregoing, Detective Bush was well within his rights to follow the Camaro and needed no probable cause to do so. When Detective Bush observed the traffic violations, he then had probable cause to stop the vehicle. The decision to stop an automobile is reasonable where the police have probable cause to believe that a traffic violation has occurred. The standard is a purely objective one that does not take into account the subjective beliefs or expectations of the detaining officer. Although they may serve, and may often appear intended to serve, as the prelude to the investigation of much more serious offenses, even relatively minor traffic violations provide an objective basis for lawfully detaining the vehicle and its occupants.
An officer making a traffic stop may order the driver, as well as the passengers, out of a vehicle pending completion of the stop.
Upon the pat down, Detective Cole felt a distinct soft bulge in the defendant's pocket, which he recognized as being consistent with narcotics packaging. If a police officer lawfully pats down a suspect's outer clothing and feels an object whose contour or mass makes its identity immediately apparent, there has been no invasion of the suspect's privacy beyond that already authorized by the officer's search for weapons; if the object is contraband, its warrantless seizure would be justified by the same practical considerations that inhere in the plain-view context.
Accordingly, we find the trial court did not err or abuse its discretion in denying the motion to suppress. The defendant's assignment of error is without merit. Thus, we hereby affirm the defendant's conviction, habitual offender adjudication, and sentence.