Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

State v. Miguel

Court of Appeals of Louisiana, Fourth Circuit

February 1, 2017

STATE OF LOUISIANA
v.
DEJON MIGUEL

         ON APPLICATION FOR SUPERVISORY WRIT DIRECTED TO CRIMINAL DISTRICT COURT ORLEANS PARISH NO. 525-396, SECTION "MAG -1" Honorable Harry Cantrell, Commissioner

         WRIT GRANTED

          Scott Vincent Assistant District Attorney Leon A. Cannizzaro, Jr. District Attorney PARISH OF ORLEANS COUNSEL FOR RELATOR/STATE OF LOUISIANA.

          John T. Fuller FULLER & ASSOCIATES, LLC COUNSEL FOR RESPONDENT/DEFENDANT.

          Court composed of Judge Madeleine M. Landrieu, Judge Joy Cossich Lobrano, Judge Rosemary Ledet

          ROSEMARY LEDET, JUDGE

         The State seeks review of the district court's November 29, 2016 ruling, which granted the motion to suppress filed by the defendant, Dejon Miguel. For the reasons that follow, we grant the State's writ and reverse the district court's ruling.

         STATEMENT OF THE CASE

         Mr. Miguel was charged by bill of information with illegal carrying of a weapon, a violation of La. R.S. 14:95. He filed a motion to suppress. Following multiple hearings, the district court granted his motion to suppress. The State's application for supervisory review followed.

         STATEMENT OF THE FACTS

         On September 15, 2014, New Orleans Police Department ("NOPD") Officers Sherife Davis and Edwin Cooper were on uniformed patrol near the intersection of Crozat and Bienville Streets in New Orleans, Louisiana. As they pulled up to that intersection, they observed a group of individuals standing outside a convenience store. Someone in the group was smoking, and the officers smelled the odor of marijuana.[1] Upon spotting the officers, Jacob Banks, who was a member of the group, turned his back and briskly walked into the convenience store. As he did so, the officers observed him make "a discarding movement as soon as he got into the door."[2]

         The officers followed Mr. Banks into the store. Mr. Banks walked briskly towards Mr. Miguel, who was standing in back of the store where food orders are placed, and pretended to order food.[3] According to the police report, "[t]he officer noticed the defendant [Mr. Miguel] holding his waistband as if he was holding a weapon from falling and then he [Officer Cooper] did a quick pat down."[4] As a result of the pat down, Officer Cooper recovered a weapon on Mr. Miguel.[5] Mr. Miguel initially indicated that he had paperwork for the firearm, but it was not a concealed weapons permit. Thus, the officers arrested him.

         Although he did not see Mr. Miguel committing any crime, [6] Officer Davis testified that "one of the issues with that corner is you will have some [perpetrators] that are only going to have drugs and you will have some that will only have guns. And when you have that situation, then you kind of have protection for those who have the drugs are going to have guns [sic]." Officer Davis further testified that "there's been lots of shootings there, " and what drew his attention to Mr. Miguel was "only that we were arresting [Mr.] Banks inside the store and he [Mr. Banks] immediately walked directly to [Mr. Miguel]." Officer Davis still further testified:

Even without [a perpetrator] being arrested, we're going to make ourselves safe. That was the purpose of the pat down. Had there been no weapon involved, he would not have been detained or anything ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.