State of Louisiana v. James E. Tate

STATE OF LOUISIANA * NO. 2024-K-0354

VERSUS * COURT OF APPEAL

JAMES E. TATE * FOURTH CIRCUIT

* STATE OF LOUISIANA

*

*
*******

TFL
LOVE, C.J., DISSENTS AND ASSIGNS REASONS

I respectfully dissent from the majority’s denial of the State of Louisiana’s

application for supervisory review.

The trial court found that the testimony of the two NOPD officers “staunchly

conflicted with one another,” such that the trial court was “left with no credible

testimony or evidence to base its decision on.”

The Louisiana Supreme Court outlined our role when reviewing a trial

court’s credibility determinations and suppression of the evidence as follows:

This court has recently restated the general rule
that appellate courts review trial court rulings under a
deferential standard with regard to factual and other trial
determinations, while legal findings are subject to a de
novo standard of review. State v. Hunt, 09–1589, p. 6
(La.12/1/09), 25 So.3d 746, 751, citing State v. Hampton,
98–0331, p. 18 (La.4/23/99), 750 So.2d 867, 884. When
a trial court makes findings of fact based on the weight of
the testimony and the credibility of the witnesses, a
reviewing court owes those findings great deference, and
may not overturn those findings unless there is no
evidence to support those findings. Id. A “trial judge’s
ruling [on a fact question], based on conclusions of
credibility and weight of the testimony, is entitled to
great deference and will not be disturbed on appeal
unless there is no evidence to support the ruling.” State v.
Bourque, 622 So.2d 198, 222 (La.1993).

The State bears the burden of proving the
admissibility of the evidence seized without a warrant
when the legality of a search or seizure is placed at issue
by a motion to suppress evidence. LSA–C.Cr.P. art.

1

703(D). A trial court’s decision relative to the
suppression of evidence is afforded great weight and will
not be set aside unless there is an abuse of that discretion.
Hunt, 09-1589 at 7, 25 So.3d at 752.

The Court of Appeal, Fourth Circuit has
recognized the well-established rule that a trial court’s
findings on a motion to suppress the evidence are entitled
to great weight, considering the district court’s
opportunity to observe the witnesses and weigh the
credibility of their testimony. State v. Mims, 98-2572, p.
3 (La.App. 4 Cir. 9/22/99), 752 So.2d 192, 193-94.

State v. Wells, 08-2262, pp. 4-5, (La. 7/6/10), 45 So. 3d 577, 580-81.

Upon review, I find the trial court abused its vast discretion by finding

discrepancies within the NOPD Officers’ testimony. The record does not contain

evidence to support this finding.

Both NOPD Officers testified that the Camaro lacked valid license plates,

but described that lack in differing ways. The NOPD Officers observed the

Camaro with the engine running and lights on in a parking lot, which contradicts

the trial court’s statement that “[i]t is undisputed that the Camaro was not being

operated at the time.” The operation of a vehicle in Louisiana has been interpreted

broadly and does not require that the vehicle be moving. See State v. Lewis, 17-

0081, p. 4 (La. 10/18/17), 236 So. 3d 1197, 1199. The NOPD Officers recognized

the Camaro as one they previously encountered at local drug “hot spots” and had

observed speeding and driving recklessly a few days to a week prior to the stop.

The NOPD Officers also noted that the vehicle was not displaying the proper

plates. Moreover, the body camera footage depicts NOPD Officer Carroll stating,

“that’s our guy,” which corroborated their testimony that they had preexisting

knowledge of this vehicle. Under the specific facts and circumstances enumerated

by the NOPD Officers, reasonable suspicion existed to justify the stop.

Further, after taking the driver and Mr. Tate into custody, NOPD Officers

observed a handgun near the center console in plain view. A search warrant was

2

then obtained and evidence seized. Given the testimony and evidence presented, I

find the trial court abused its discretion by granting Mr. Tate’s Motion to Suppress

and erred by finding no probable cause. Therefore, I would grant the writ and

reverse the trial court.

3