STATE OF LOUISIANA COURT OF APPEAL FIRST CIRCUIT NO 2008 KA 1077 STATE OF LOUISIANA VERSUS. Judgment Rendered February

Similar documents
IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT NASHVILLE Assigned on Briefs July 21, 2010

STATE OF MICHIGAN COURT OF APPEALS

Judgment Rendered May

Third District Court of Appeal State of Florida, January Term, A.D. 2010

STATE OF LOUISIANA COURT OF APPEAL FIRST CIRCUIT STATE OF LOUISIANA VERSUS. Judgment Rendered June

STATE OF LOUISIANA COURT OF APPEAL FIRST CIRCUIT 2008 KA 0845 JOHN S WELLS

STATE OF LOUISIANA NO KA-1194 VERSUS COURT OF APPEAL TYRONE HALL FOURTH CIRCUIT STATE OF LOUISIANA * * * * * * *

IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT KNOXVILLE March 29, 2011 Session

NOT DESIGNATED FOR PUBLICATION. No. 118,223 IN THE COURT OF APPEALS OF THE STATE OF KANSAS. In the Matter of A.A-M. MEMORANDUM OPINION

IN THE COURT OF APPEALS FOR MONTGOMERY COUNTY, OHIO. v. : T.C. NO. 08 CR CURTIS, : (Criminal appeal from Common Pleas Court) Appellant.

IN THE COURT OF APPEALS FOR MONTGOMERY COUNTY, OHIO. Plaintiff-Appellee : C.A. CASE NO v. : T.C. NO CR 3357

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JULY TERM v. Case No. 5D

Court of Appeals of Ohio

possession of methamphetamine, a violation of La. R.S. 40:967(C). He pled not

v. Record No OPINION BY JUSTICE BARBARA MILANO KEENAN November 1, 2002 COMMONWEALTH OF VIRGINIA FROM THE COURT OF APPEALS OF VIRGINIA

JUDGMENT REVERSED. Division IV Opinion by: JUDGE FURMAN Webb and Richman, JJ., concur

No. 51,450-KA COURT OF APPEAL SECOND CIRCUIT STATE OF LOUISIANA * * * * * versus * * * * *

Circuit Court for Baltimore City Case No UNREPORTED IN THE COURT OF SPECIAL APPEALS OF MARYLAND. No September Term, 2018

NOT DESIGNATED FOR PUBLICATION STATE OF LOUISIANA COURT OF APPEAL FIRST CIRCUIT 2010 KA 1069 STATE OF LOUISIANA VERSUS MICHAEL A ANDRUS

Court of Appeals of Ohio

Docket No Agenda 6-January THE PEOPLE OF THE STATE OF ILLINOIS, Appellant, v. MARILYN LOVE, Appellee. Opinion filed April 18, 2002.

No. 42,089-KA COURT OF APPEAL SECOND CIRCUIT STATE OF LOUISIANA * * * * * versus * * * * * * * * * *

STATE OF MICHIGAN COURT OF APPEALS

STATE OF OHIO GILBERT HENDERSON

IN THE COURT OF APPEALS FOR MONTGOMERY COUNTY, OHIO. Plaintiff-Appellee : C.A. CASE NO

Commonwealth Of Kentucky Court of Appeals

IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT NASHVILLE Assigned on Briefs April 19, 2011

No. 103,472 IN THE COURT OF APPEALS OF THE STATE OF KANSAS. STATE OF KANSAS, Appellee, BILLY WHITE, Appellant. SYLLABUS BY THE COURT

NOT DESIGNATED FOR PUBLICATION

Third District Court of Appeal State of Florida, January Term, A.D. 2012

IN THE COURT OF APPEALS OF THE STATE OF MISSISSIPPI

Third District Court of Appeal State of Florida, January Term, A.D., 2007

No. 46,522-KA COURT OF APPEAL SECOND CIRCUIT STATE OF LOUISIANA * * * * * versus * * * * *

IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT KNOXVILLE July 24, 2007 Session

IN THE COURT OF APPEALS FOR MONTGOMERY COUNTY, OHIO. Plaintiff-Appellee : C.A. Case Nos & v. : T.C. Case Nos. 03-CR-4402 and 04-CR-159

JANUARY 11, 2017 STATE OF LOUISIANA IN THE INTEREST OF R.M. NO CA-0972 COURT OF APPEAL FOURTH CIRCUIT STATE OF LOUISIANA * * * * * * *

d AJ Judgment rendered OEe Covington LA Kathryn W Landry Raymond Matos NOT DESIGNATED FOR PUBLICATION COURT OF APPEAL STATE OF LOUISIANA

IN THE SUPREME COURT OF FLORIDA. v. CASE NO.: SC STATE OF FLORIDA, DCA case no.: 5D

IN THE COURT OF APPEALS OF INDIANA

IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT KNOXVILLE Assigned on Briefs December 9, 2014

STATE OF LOUISIANA NO KA-1704 VERSUS COURT OF APPEAL DONAVON L. KING FOURTH CIRCUIT STATE OF LOUISIANA * * * * * * *

REVERSED AND REMANDED STATE OF LOUISIANA

* * * * * * * ON APPLICATION FOR WRITS DIRECTED TO CRIMINAL DISTRICT COURT ORLEANS PARISH NO , SECTION D Honorable Frank A.

NOT DESIGNATED FOR PUBLICATION. No. 115,799 IN THE COURT OF APPEALS OF THE STATE OF KANSAS. STATE OF KANSAS, Appellee,

NOT DESIGNATED FOR PUBLICATION. No. 115,210 IN THE COURT OF APPEALS OF THE STATE OF KANSAS. STATE OF KANSAS, Appellee, DEZAREE JO MCQUEARY, Appellant.

COURT OF APPEALS THIRD APPELLATE DISTRICT HANCOCK COUNTY STATE OF OHIO CASE NUMBER v. O P I N I O N

NOT DESIGNATED FOR PUBLICATION

IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON

IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT KNOXVILLE Assigned on Briefs May 17, 2005

IN THE COURT OF APPEALS OF OHIO TENTH APPELLATE DISTRICT. Alfonso C. Mendoza, : (REGULAR CALENDAR) Michael O. Champagnie, : (REGULAR CALENDAR)

v No Kent Circuit Court

IN THE COURT OF APPEALS OF OHIO THIRD APPELLATE DISTRICT UNION COUNTY PLAINTIFF-APPELLEE, CASE NO

UNREPORTED IN THE COURT OF SPECIAL APPEALS OF MARYLAND. No September Term, 2015 TIMOTHY LEE MERCER STATE OF MARYLAND

STATE OF OHIO STEVEN GROSS

People v. Ross, No st District, October 17, 2000

IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT NASHVILLE December 13, 2000 Session

Judgment Rendered March

IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT NASHVILLE Assigned on Briefs March 14, 2001

IN THE COURT OF APPEALS TWELFTH APPELLATE DISTRICT OF OHIO. : O P I N I O N - vs - 11/9/2009 :

STATE OF MICHIGAN COURT OF APPEALS

STATE OF MICHIGAN COURT OF APPEALS

v No Oakland Circuit Court

In the Court of Appeals of Georgia

I N T H E COURT OF APPEALS OF INDIANA

STATE V. GANT: DEPARTING FROM THE BRIGHT-LINE BELTON RULE IN AUTOMOBILE SEARCHES INCIDENT TO ARREST

On Appeal from the 22 Judicial District Court Parish of St Tammany State of Louisiana No

IN THE COURT OF SPECIAL APPEALS OF MARYLAND. No September Term, 2016 ANTONIO JOHNSON STATE OF MARYLAND

USA v. Terrell Haywood

IN COURT OF APPEALS. DECISION DATED AND FILED September 12, CR DISTRICT II STATE OF WISCONSIN, PLAINTIFF-RESPONDENT, JOANNE SEKULA,

STATE OF LOUISIANA IN THE INTEREST OF D.F. NO CA-0547 COURT OF APPEAL FOURTH CIRCUIT STATE OF LOUISIANA * * * * * * *

... O P I N I O N ...

IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT. No D.C. Docket No. 0:11-cr WJZ-1. versus

ROY BERGER BASS OPINION BY v. Record No JUSTICE LAWRENCE L. KOONTZ, JR. March 3, 2000 COMMONWEALTH OF VIRGINIA

NOT DESIGNATED FOR PUBLICATION. No. 119,170 IN THE COURT OF APPEALS OF THE STATE OF KANSAS. STATE OF KANSAS, Appellant,

STATE OF OHIO, BELMONT COUNTY IN THE COURT OF APPEALS SEVENTH DISTRICT

IN THE COURT OF APPEALS OF NORTH CAROLINA. No. COA Filed: 7 November 2017

Court of Appeals of Ohio

JOHN J. MOLAISON, JR. JUDGE Panel composed of Judges Jude G. Gravois, Robert M. Murphy, and John J. Molaison, Jr., Ad Hoc

ALABAMA COURT OF CRIMINAL APPEALS

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JULY TERM v. Case No. 5D

COURT OF APPEALS OF OHIO, EIGHTH DISTRICT COUNTY OF CUYAHOGA No STATE OF OHIO, : Plaintiff-Appellant : JOURNAL ENTRY. vs.

DISTRICT OF COLUMBIA COURT OF APPEALS. No. 97-CO-276. Appeal from the Superior Court of the District of Columbia

Cite as 2018 Ark. App. 435 ARKANSAS COURT OF APPEALS DIVISION IV

STATE OF NORTH CAROLINA v. BRYAN KEITH HESS NO. COA Filed: 21 August 2007

I N T H E COURT OF APPEALS OF INDIANA

THE STATE OF SOUTH CAROLINA In The Supreme Court. Appellate Case No Appeal From Laurens County Donald B. Hocker, Circuit Court Judge

STATE OF LOUISIANA NO KA-0322 VERSUS COURT OF APPEAL KYLE E. EVERETT FOURTH CIRCUIT STATE OF LOUISIANA * * * * * * *

2016 PA Super 91. OPINION BY OTT, J.: Filed: April 28, Anthony Stilo appeals from the July 23, 2014, judgment of sentence

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JANUARY TERM v. CASE NO. 5D

IN THE COURT OF APPEALS FOR MONTGOMERY COUNTY, OHIO. Plaintiff-Appellee : C.A. CASE NO v. : T.C. NO. 08CR1122

No A IN THE COURT OF APPEALS OF THE STATE OF KANSAS. STATE OF KANSAS Plaintiff-Appellee. vs. MICHAEL D. PLUMMER Defendant-Appellant

IN THE COURT OF APPEALS TWELFTH APPELLATE DISTRICT OF OHIO BUTLER COUNTY. Plaintiff-Appellee, : CASE NO. CA

Follow this and additional works at:

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JANUARY TERM v. Case No. 5D

APPEAL from a judgment of the circuit court for Oconto County: MICHAEL T. JUDGE, Judge. Affirmed. Before Hoover, P.J., Peterson and Brunner, JJ.

5 Officer Schenk also testified that, after he brought Heaven to the office, the loss prevention officer immediately returned to Heaven s shopping

IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT NASHVILLE Assigned on Briefs October 16, 2018

NOT DESIGNATED FOR PUBLICATION. No. 117,451 IN THE COURT OF APPEALS OF THE STATE OF KANSAS. STATE OF KANSAS, Appellant,

TYSON KENNETH CURLEY OPINION BY v. Record No ELIZABETH A. McCLANAHAN July 26, 2018 COMMONWEALTH OF VIRGINIA

Transcription:

STATE OF LOUISIANA COURT OF APPEAL FIRST CIRCUIT NO 2008 KA 1077 STATE OF LOUISIANA VERSUS DAMINCO A BOZEMAN Judgment Rendered February 13 2009 r dfi On Appeal from the 23rd Judicial District Court in and for the Parish of Assumption State of Louisiana District Court No 06 32 The Honorable Ralph Tureau Judge Presiding Anthony G Falterman District Attorney Gonzales La Donald D Candell Assistant District Attorney Gonzales La Thomas Daigle Assistant District Attorney Paincourtville La Counsel for Plaintiff Appellee State of Louisiana Mary E Roper Baton Rouge La Counsel for Defendant Appellant Daminco A Bozeman BEFORE CARTER CJ WHIPPLE AND DOWNING JJ fj4

CARTER C J The defendant Daminco A Bozeman was charged by bill of information with possession of a Schedule II controlled dangerous substance cocaine a violation of La RS 40 967C The defendant pled not guilty The defendant filed a motion to suppress the evidence seized which was denied Following a jury trial the defendant was found guilty as charged He was sentenced to five years at hard labor The State filed a habitual offender bill of information and following a hearing on the matter the defendant was adjudicated a fourth felony habitual offender The trial court vacated the underlying five year sentence and sentenced the defendant to thirty years at hard labor The defendant now appeals designating one assignment of error We affirm the conviction and sentence FACTS On November 9 2005 several members of the Assumption Parish Sheriffs Office SWAT team were conducting street sweeps in high drug areas based mostly on anonymous narcotics complaints Following a lead based on a complaint by a landowner of property on Pleasant Lane in Belle Rose the officers drove to the area The landowner who owned property with rental trailers on it identified the defendant by name as someone who was selling drugs in that area The defendant s girlfriend Sabrina Bradford lived in one of the rental trailers on Pleasant Lane and the defendant stayed with Sabrina about five or six days a week At about 6 30 p m five officers in two vehicles turned onto Pleasant Lane Sergeants Hayes Coddou and Byron Parker and Deputies Tyson Mire and Cliff Crochet were in the lead vehicle Lieutenant Michael Mike 2

Brown was following in a second vehicle They observed the defendant standing in the open driver s side doorway of a Mitsubishi Galant which was parked half on the road and half off the road Sabrina was the owner of the Galant The Galant was directly across the street from Sabrina s trailer The officers approached the defendant and Sergeant Coddou asked him for some form of identification which the defendant refused to produce Sergeant Coddou again asked the defendant for his identification The defendant again refused cursed at Sergeant Coddou and made a very quick move toward the center console of the vehicle The officers grabbed the defendant and tried to pull him out of the vehicle After several minutes of struggling the officers subdued the defendant Mirandized him and handcuffed him Because it was dark Sergeant Coddou used his flashlight to look inside of the vehicle through the windshield He observed three rocks of crack cocaine in a plastic bag inside the opened center console Lieutenant Brown also observed the cocaine in the center console with his flashlight Sergeant Coddou retrieved the cocaine from the vehicle The three rocks of crack cocaine weighed a total of 13 55 grams ASSIGNMENT OF ERROR In his sole assignment of error the defendant argues the trial court erred in denying his motion to suppress evidence Specifically the defendant contends that he was illegally seized by the police when they stood around him effectively preventing him from walking away prior to any criminal activity being observed and prior to the drugs being discovered 1 1 The defendant does not contest the struggle with the police while in the vehicle the subsequent arrest or the discovery ofthe drugs under plain view 3

Trial courts are vested with great discretion when ruling on a motion to suppress Consequently the ruling of a trial judge on a motion to suppress will not be disturbed absent an abuse of that discretion State v Long 2003 2592 p 5 La 9 9 04 884 So 2d 1176 1179 cert denied 544 US 977 125 S Ct 1860 161 L Ed 2d 728 2005 The Fourth Amendment of the United States Constitution and Article I Section 5 of the Louisiana Constitution protect persons from unreasonable searches and seizures The police may not therefore make a warrantless arrest of a citizen without probable cause that the citizen has engaged in criminal conduct State v Dobard 2001 2629 p 3 La 6 2102 824 So 2d 1127 1129 Additionally while the police may briefly detain and interrogate an individual in a public place they may make such an investigatory stop only if it is based upon reasonable articulable suspicion that the individual has engaged in is engaging in or is about to engage in criminal activity See La Code Crim P art 215 1 Terry v Ohio 392 U S 1 88 S Ct 1868 20 LEd 2d 889 1968 Dobard 2001 2629 at p 3 824 So 2d at 1129 1130 The threshold issue is whether the initial encounter between the police and the defendant constituted a seizure within the meaning of the Fourth Amendment If there was no seizure the Fourth Amendment is not implicated If there was a seizure however such an investigatory stop must be based on reasonable suspicion that a person is committing has committed or is about to commit an offense See La Code Crim P art 215 1A 4

In State v Oliver 457 So 2d 1269 1271 La App 1st Cir 1984 we stated The Fourth Amendment protects citizens against unreasonable searches and seizures but not every encounter between a citizen and a policeman involves a seizure Terry v Ohio 392 U S 1 19 n 16 88 S Ct 1868 1879 n16 20 L Ed 2d 889 1968 W henever a police officer accosts an individual and restrains his freedom to walk away he has seized that person Id at 16 88 S Ct at 1877 As long as a reasonable person would feel free to disregard the encounter and walk away there has been no seizure State v Ossey 446 So 2d 280 285 La 1984quoting Florida v Royer 460 U S 491 103 S Ct 1319 75 LEd 2d 229 1983 e State v Belton 441 So 2d 1195 1199 La 1983 cert denied 466 U S 953 104 S Ct 2158 80 L Ed 2d 543 1984 Furthermore if a citizen after being approached by law enforcement officers consents to stop and answer questions there is no Fourth Amendment violation If there is no detention no seizure within the meaning of the Fourth Amendment then no constitutional rights have been infringed 103 S Ct at 1324 Florida v Royer Sergeant Coddou testified at both the motion to suppress hearing and the trial 3 According to his trial testimony Sergeants Coddou and Parker along with Deputies Mire and Crochet were in an unmarked Jeep Cherokee when they approached the defendant The officers were wearing bulletproof vests with the word Sheriff on the front and back They observed the defendant standing in the open driver s side door of a Mitsubishi Galant parked halfway on and halfway off the road Brown also wearing Sheriffs Office apparel Shortly thereafter Lieutenant arrived in a separate vehicle Sergeant Coddou and the other three officers exited the Jeep which was 2 State v Ossey 446 So 2d 280 285 La cert denied 469 U S 916 105 S Ct 293 83 LEd 2d 228 1984 3 In determining whether the ruling on defendant s motion to suppress was correct we are not limited to the evidence adduced at the on hearing the motion We may consider all pertinent evidence given at the trial of the case State v Chopin 372 So 2d 1222 1223 n 2 La 1979 5

pulled up behind the Galant The officers identified themselves and Sergeant Coddou asked the defendant for his identification Sergeant Parker testified at trial on direct examination that he stood behind Sergeant Coddou and he Parker and the other officers made a horseshoe shape around him just for support On cross examination Sergeant Parker was asked Officer Parker you testified that y all formed like a horseshoe around Mr Bozeman He responded Yes sir Lieutenant Brown testified at trial that Sergeant Coddou was faced up with the defendant and the other officers kind of like made a maybe sic a half circle around him in the entry of the doorway Lieutenant Brown further testified that when the four officers approached the defendant he Brown walked to the passenger side of the Galant and stood there When the defendant refused to produce identification Sergeant Coddou again asked him for some form of identification The defendant responded F no and made a quick move toward the inside of the vehicle 4 According to Lieutenant Brown Sergeant Parker and Deputies Crochet and Mire no officer drew his weapon 5 Based on the foregoing we find the defendant was seized pursuant to an investigatory stop The officers involved in the stop were not on routine patrol rather they were part of the Sheriffs Office SWAT team conducting street sweeps and based on narcotics complaints specifically targeting the 4 At the motion to suppress hearing Sergeant Coddou testified that upon asking the defendant a second time for identification the defendant responded F you 5 Rontrell Wise testified at the motion to suppress hearing and at trial Rontrell testified he was standing outside near Sabrina s trailer when the officers turned onto Pleasant Lane According to Rontrell Sergeant Coddou and Deputies Mire and Crochet had their weapons drawn when they approached the defendant and yelled at him to hit the ground 6

high drug area where the defendant was spotted The defendant was approached by five officers Four of the officers spread out around the defendant while another officer positioned himself on the other side of the vehicle behind the defendant Lieutenant Brown testified at the motion to suppress hearing that after the defendant first refused to produce his identification w e advised him that we needed identification to check and make sure he wasn t wanted or a wanted person or anything like that We find that under these circumstances a reasonable person would not have felt free to disregard the encounter and walk away See State v Mareno 530 So 2d 593 600 La App 1st Cir writ denied 533 So 2d 354 1988 where this court stated that e xamples of circumstances that might indicate a seizure even where the person did not attempt to leave would be the threatening presence of several officers the display of a weapon by an officer some physical touching of the person of the citizen or the use of language or tone of voice indicating that compliance with the officer s request might be compelled Since the defendant was seized within the meaning of the Fourth Amendment we must determine whether the officers had reasonable suspicion to effect the investigatory stop In making a brief investigatory stop on less than probable cause to arrest the police must have a particularized and objective basis for suspecting the particular person stopped of criminal activity State v Kalie 96 2650 p 3 La 9 19 97 699 So 2d 879 881 quoting United States v Cortez 449 US 411 417 418 101 S Ct 690 695 66 LEd 2d 621 1981 The police therefore must articulate something more than an inchoate and unparticularized suspicion or hunch United States v 7

Sokolow 490 U S 1 7 109 S Ct 1581 1585 104 L Ed 2d 1 1989 This level of suspicion however need not rise to the probable cause required for a lawful arrest The police need have only some minimal level of objective justification Sokolow 490 US at 7 109 S Ct at 1585 quoting INS v Delgado 466 U S 210 217 104 S Ct 1758 1763 80 LEd 2d 247 1984 A reviewing court must take into account the totality of the circumstances the whole picture giving deference to the inferences and deductions of a trained police officer that might well elude an untrained person Cortez 449 U S at 417 418 101 S Ct at 695 The court also must weigh the circumstances known to the police not in terms of library analysis by scholars but as understood by those versed in the field of law enforcement Cortez 449 U S at 418 101 S Ct at 695 State v Huntley 97 0965 pp 2 3 La 3 13 98 708 So 2d 1048 1049 per curiam At the motion to suppress hearing Lieutenant Brown testified that the drug task force was in the Belle Rose area based on anonymous complaints about suspected narcotics dealings there He further testified that the defendant was named as a possible suspect who was dealing drugs Sergeant Coddou testified at the motion to suppress hearing that the officers drove down Pleasant Lane because Sheriff Waguespack had received phone calls from the landowner of the rental trailers on that street informing Sheriff Waguespack that the defendant was selling drugs Thus the presence of the officers on Pleasant Lane was based not merely on anonymous calls about drug activity but on the call of a self identified citizen informant who identified the defendant by name as a person selling drugs in that area Citizen informer reports based on firsthand knowledge carry a high indicia 8

of credibility in the determination of probable cause State v Morris 444 So 2d 1200 1203 La 1984 The citizen informer is a presumptively inherently credible source Id Sergeant Coddou testified at trial that Pleasant Lane was a very narrow street When they turned onto the street they observed a group of trailers to the right and the defendant standing in the open door of Sabrina s vehicle Sabrina s vehicle was immediately across the street from her trailer The officers did not observe anyone else on the street Whether the officers had a minimal level of objective justification to detain the defendant turns on the totality of all of the circumstances known to them a vehicle parked halfway on the road with someone standing in the driver s side door the tip by the landowner citizen informer who identified the defendant by name as someone selling drugs in the area and the defendant s presence not only in an area known to the officers for its high level of narcotics activity but directly in front of the trailer that sat on the property owned by the complaining landowner We find the coalescence of these circumstances gave the officers a particularized and objective basis for detaining the defendant to maintain the status quo momentarily while obtaining more information State v Fauria 393 So 2d 688 690 La 1981 See Huntley 97 0965 at pp 3 4 708 So 2d at 1050 6 Accordingly the officers conducted a valid investigatory stop and the seizure of the cocaine was therefore legally proper We find no abuse of 6 Although not argued by the defendant we note that when the defendant turned and made a quick move toward the center console of the vehicle the officers clearly were ofthe circumstances the officers justified in restraining the defendant Given the totality had no way of knowing whether the defendant might have been reaching for a weapon See State v Sylvester 2001 0607 pp 5 6 La 9 20 02 826 So 2d 1106 1109 per curiam 9

discretion by the trial court in denying the defendant s motion to suppress the evidence The assignment of error is without merit CONVICTION AND SENTENCE AFFIRMED 10