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State v. Shisler

Court of Appeals of Louisiana, Fourth Circuit

December 23, 2019

STATE OF LOUISIANA
v.
KARI SHISLER & JOSEPH DYCZEWSKI

          APPLICATION FOR WRITS DIRECTED TO CRIMINAL DISTRICT COURT ORLEANS PARISH NO. 543-065, SECTION "E" Honorable Keva M. Landrum-Johnson, Judge

          Jeffrey Smith ATTORNEY-AT-LAW Gary Wainwright ATTORNEY-AT-LAW COUNSEL FOR DEFENDANTS/RESPONDENTS

          Leon A. Cannizzaro, Jr. DISTRICT ATTORNEY, PARISH OF ORLEANS Donna R. Andrieu DISTRICT ATTORNEY’S OFFICE, CHIEF OF APPEALS Hannah Sharp DISTRICT ATTORNEY’S OFFICE COUNSEL FOR STATE OF LOUISIANA/RELATOR

          Court composed of Judge Regina Bartholomew-Woods, Judge Paula A. Brown, Judge Dale N. Atkins

          REGINA BARTHOLOMEW-WOODS JUDGE

         Relator, the State of Louisiana, seeks supervisory review of the district court's December 18, 2019 ruling that granted Defendants' motions to suppress physical evidence and statements, as well as, the ruling that found no probable cause to arrest Defendants Joseph Dyczewski and Kari Shisler. For the reasons that follow, we grant the State's writ and reverse the district court's rulings. We also deny the State's request for a stay.

         Background

         Defendants were arrested and charged with possession with intent to distribute controlled dangerous substances, to wit: Tetrahydrocannabinol ("THC"), Methelyndioxymethamphetamine ("MDMA"), Cocaine, and more than two and one-half pounds of Marijuana.[1] Defendants filed a motion to suppress statements and physical evidence. After an evidentiary hearing, the district court granted Defendants' motions.

         At the September 24, 2019 hearing on the motions, Gretna Police Department Detective Brad Cheramie, who is also a member of the multi- jurisdictional Major Crimes Task Force ("the task force") testified, inter alia, to having received information from a reliable and credible informant that Dyczewski was distributing large quantities of marijuana. Acting on this information, the task force conducted surveillance of Dyczewski during the months of March, April, and May. As a result of that rolling surveillance, the task force was able to observe his daily and nightly routines. The task force observed that Dyczewski would do the following: make long trips up north; quick stops; stay at a business for less than two minutes; drive at a slow rate of speed; and make "heat runs."[2] With regard to the "heat runs" Det. Cheramie noted that Dyczewski would stop at random places, but never go inside of them such as the Lowe's close to his home. He also noted that Dyczewski would go to Veterans and Harahan "very often" and make "quick stops," but "would never stay long, never come out with anything."

         After months of surveillance, and armed with the information provided by the confidential informant, the task force elected to conduct an investigatory stop of Dyczewski, outside of his home located on Lafaye Street.[3] On the date in question, Det. Cheramie testified that when he approached Dyczewski he detected an odor of marijuana. After agents with the task force told him that they could smell marijuana, Dyczewski told them he had a mason jar of marijuana in his pocket. Dyczewski was Mirandized and placed under arrest.

         Upon placing him under arrest, the agents noticed that Dyczewski had digital cameras located on the outside of his residence. Det. Cheramie explained that the task force then decided to do a protective sweep of the home. This was done for safety purposes, because he knew that Dyczewski's wife was inside, but unsure of who else may be, as well as to prevent the destruction of any evidence that may be located inside the home. As a result of the protective sweep, the task force detained co-defendant Shisler. Det. Cheramie then obtained a search warrant for the residence. Upon conducting a search of the home, pursuant to the search warrant, Dyczewski told the task force that marijuana, cocaine, and ecstasy pills were located inside, which the task force recovered. Dyczewski also stated that Shisler was aware of his drug sales.

         Question Presented

         Whether the district court erred when it suppressed both the statements of Defendant and evidence seized from Defendant's home.

         Standard ...


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