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. Lang

Court of Appeals of Louisiana, Fourth Circuit

July 22, 2019

STATE OF LOUISIANA
v.
BRANDON LANG

          APPLICATION FOR WRITS DIRECTED TO CRIMINAL DISTRICT COURT ORLEANS PARISH NO. 544-495, SECTION "A" Honorable Laurie A. White, Judge

          Leon A. Cannizzaro, Jr., District Attorney Donna Andrieu, Chief of Appeals Irena Zajickova, Assistant District Attorney ORLEANS PARISH DISTRICT ATTORNEY'S OFFICE COUNSEL FOR RELATOR/STATE OF LOUISIANA

          Ike Spears Diedre Pierce Kelly SPEARS & SPEARS 909 Poydras Street, Suite 1825 New Orleans, LA 70112 COUNSEL FOR RESPONDENT/DEFENDANT

          Court composed of Chief Judge James F. McKay, III, Judge Rosemary Ledet, Judge Tiffany G. Chase

          TIFFANY G. CHASE JUDGE

         Relator, the State of Louisiana, seeks review of the district court's June 7, 2019 judgment granting in part the motion to suppress evidence filed by Respondent-Defendant, Brandon Lang (hereinafter "Mr. Lang"), and finding no probable cause to the charge of illegal possession of a firearm by a convicted felon (La. R.S. 14:95.1). After consideration of the record, and the applicable law, we grant the writ, and reverse the judgment of the district court in part.

         FACTUAL AND PROCEDURAL HISTORY

         On December 1, 2018, Officer Christle Young (hereinafter "Officer Young") and other members of the NOPD responded to a disturbance at a residence located at 1748 Reynes Street. The complainant, Sandreaka Dixon (hereinafter "Ms. Dixon"), reported to Officer Young that she had come to pick up her daughter when an altercation occurred. Ms. Dixon explained that she would come to that location daily to drop her daughter off before going to work so that the child's father, Mr. Lang, could watch her while she was at work.

         Every first of the month, including the day in question, Ms. Dixon would also collect child support payments from Mr. Lang when picking up their daughter. On this occasion, when Ms. Dixon asked Mr. Lang for the child support payment, he refused to give it to her. According to Ms. Dixon, after Mr. Lang refused, he struck her in the face; raised his shirt; and said, "I'll hit you in the head with this gun." When Mr. Lang lifted his shirt, Ms. Dixon observed the handle of a gun in his waistband. Ms. Dixon then observed Mr. Lang hand the gun to another man at the scene, who subsequently brought the gun inside 1748 Reynes Street.

         Officer Young also took statements from Mr. Lang and another witness, Derrick Fields (hereinafter "Mr. Fields"), who Officer Young believed lived at 1748 Reynes Street. Mr. Lang, who was located outside of the residence when NOPD arrived on scene, stated there had been no altercation and denied hitting Ms. Dixon. Although Mr. Lang was never observed going into 1748 Reynes Street by any of the responding officers, he admitted to Officer Young that it was a "family house" and that he lived there.

         Mr. Fields contradicted Mr. Lang's account, stating that he observed the altercation but denied seeing any weapons. Mr. Lang had no weapons on him at the time Officer Young responded.

         Officer Young drafted an affidavit for a search warrant for 1748 Reynes Street directed towards finding firearms, ammunition, and other illegal contraband. The affidavit contained information Ms. Dixon relayed to Officer Young and noted that Ms. Dixon identified the residence located at 1748 Reynes Street when the NOPD arrived. After the warrant was signed by a commissioner, the NOPD effectuated a search and found three handguns (hereinafter "the seized firearms"), ammunition, and other potential contraband. These items were recovered from one of the bedrooms and the kitchen. Mr. Lang was subsequently placed under arrest.

         On February 11, 2019, the State filed a bill of information charging Mr. Lang with one count each of domestic abuse battery, domestic abuse aggravated assault, and illegal possession of a firearm by a convicted felon, violations of La. R.S. 14:35.3, La. R.S. 14:37.7, and 14:95.1, respectively. After arraignment, Mr. Lang moved for a preliminary examination and to suppress evidence.

         On June 7, 2019, the district court conducted a preliminary examination, along with an evidentiary hearing on Mr. Lang's motion to suppress. During the hearing, Officer Young testified to her account of the events including the information relayed to her by Ms. Dixon. The State also submitted into evidence the search warrant ...


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.