APPLICATION FOR WRITS DIRECTED TO CRIMINAL DISTRICT COURT
ORLEANS PARISH NO. 529-070, SECTION "SECTION D"
Honorable Graham L Bosworth, Judge Pro Tempore
A.CANIZZARO, JR DISTRICT ATTORNEY OF ORLEANS PARISH DAVID S.
PIPES ASSISTANT DISTRICT ATTORNEY OF ORLEANS PARISH COUNSEL
FOR STATE OF LOUISIANA
F. LAPORTE Laporte Law Offices, LLC COUNSEL FOR
composed of Chief Judge James F. McKay III, Judge Terri F.
Love, Judge Roland L. Belsome
F. MCKAY III CHIEF JUDGE
State seeks a review of the trial court's granting of the
defendant's motion to suppress the evidence.
6, 2016, the State filed a bill of information charging the
defendant, Kayla M. Brignac, with possession of cocaine with
intent to distribute; possession of oxycodone; possession of
marijuana (third offense); and possession of a legend drug.
On July 20, 2016, the defendant filed motions for discovery,
suppression of evidence and for a preliminary hearing. The
court conducted a hearing on the suppression motion on August
9, 2016, and at its conclusion denied the motion and found
probable cause. On September 9, 2016, the defense filed a
motion for reconsideration on the suppression issue; the
State filed an opposition on September 29, 2016; and after
oral argument conducted the following day, the court granted
the defense motion on October 6, 2016. The State noticed its
intent to seek writs and the court set a return date of
November 4, 2016 and granted its motion to stay the
proceedings. The State timely filed the application on its
OF THE FACTS
and Parole Officer Chris Turner testified that he
participated in a residence check of the defendant's home
on March 8, 2016, located at 524 Vi Bourbon Street.
Officer Turner learned that the defendant may have been
involved in illegal narcotics sales from another law
enforcement agency. At approximately 7 a.m., Officer Turner,
accompanied by Agent Tiffany Eagles, arrived at the residence
where a man later identified as Jermain Tobias answered the
door. The officers relocated Jermain Tobias to the porch
outside the residence and later learned that he was on parole
in St. Charles Parish. After encountering another female
(Kisha Camile) in the home, the officers found the defendant
in the far left bedroom. In the bedroom occupied by the
defendant, the officers observed what appeared to be a burned
marijuana cigarette in plain view. The officers then searched
the kitchen and discovered:
... a black digital scale with some residue on it. We found a
bag containing four tan pills, another bag containing, I
believe it was five white oval shaped pills, just another
pill, another white round pill, just some other baggies with
some - it looked like some white residue, white powder
residue on it, as well as a bag containing some multi-colored
pills were identified as Flexeril. Outside the residence on
the porch, in a container, the officers recovered
approximately 10 small clear bags containing white powder and
another bag containing off-brown powder. The officers from
the U.S. Marshals, the ATF and the State Police discovered
the contraband found on the porch. The officers then
administered Miranda warnings to all the suspects;
none made statements but Kisha Camile who directed the
officers to additional narcotics (a small bag of marijuana)
located in her bedroom. During a search incident to arrest,
officers recovered $1266.00 in various denominations from
cross, Officer Turner again noted the presence of officers
from other law enforcement agencies and acknowledged that he
was not the agent regularly assigned to monitor the
defendant. Officer Turner also admitted that when he
personally arrived at the residence through the porch, he was
not inspecting the area for plastic key containers (where the
additional contraband was found). After he and Agent Eagles
entered the residence and removed Jermain Tobias, Officers
Bartel, Easley and Dickens remained on the porch with him.
Officer Turner identified Agent Bo Bartel of the U.S.
Marshal's Office as the officer who discovered the
contraband in the key container.
defendant's attorney conducted cross and elicited the
admission that the report prepared by Officer Turner
contained a clerical error, indicating that defendant was the
owner of the currency seized from Jermain Tobias. Office
Turner clarified that Officer Bartel "was confident that
they key ...