McFarlin v. State
| Docket Number: | 2002-KA-01770-COA Linked Case(s): 2002-KA-01770-COA |
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| Court of Appeals: |
Opinion Link Opinion Date: 06-01-2004 Opinion Author: Thomas, J. Holding: Reversed and rendered |
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| Additional Case Information: |
Topic: Possession of methamphetamine - Suppression of evidence - Probable cause - Plain view doctrine Judge(s) Concurring: King, C.J., Bridges and Southwick, P.JJ., Lee, Irving, Myers, Chandler and Griffis, JJ. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 10-16-2002 Appealed from: Coahoma County Circuit Court Judge: Larry O. Lewis Disposition: CONVICTED OF COUNT I, POSSESSION OF METHAMPHETAMINE AND SENTENCE OF LIFE IMPRISONMENT, COUNT II, POSSESSION OF ALPRAZOLAM AND SENTENCE OF TWELVE MONTHS, COUNT III, POSSESSION OF DIAZEPAM AND SENTENCE OF TWELVE MONTHS, AND COUNT IV, POSSESSION OF PRECURSORS TO MANUFACTURE METHAMPHETAMINE AND SENTENCE OF LIFE IMPRISONMENT, ALL SENTENCES TO RUN CONCURRENTLY. District Attorney: Laurence Y. Mellen Case Number: 2002-0013 |
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| Party Name: | Attorney Name: | |||
| Appellant: | James Blake McFarlin |
AZKI SHAH |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL BY: DEIRDRE MCCRORY |
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Synopsis provided by:  If you are interested in subscribing to the weekly synopses of all Mississippi Supreme Court and Court of Appeals hand downs please contact Tammy Upton in the MLI Press office. |
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| Topic: | Possession of methamphetamine - Suppression of evidence - Probable cause - Plain view doctrine |
| Summary of the Facts: | James McFarlin was convicted on one count of possession of methamphetamine, one count of possession of alprazolam, one count of possession of diazepam, and one count of possession of precursors to manufacture methamphetamine. He was sentenced as a habitual offender to two life sentences and to two twelve month sentences to run concurrently. He appeals. |
| Summary of Opinion Analysis: | McFarlin argues that the court erred in denying his motion to suppress the evidence for lack of probable cause and for the search being unreasonable under the totality of the circumstances. Searches conducted outside the judicial process, or without the issuance of a warrant by a neutral and detached magistrate or judge, are per se unreasonable and in violation of the Fourth Amendment, subject to a few specifically established exceptions. In this case, Officer Mitchell of the Clarksdale Police Department was dispatched to check on a vehicle parked on the side of the highway with an individual allegedly slumped over the steering wheel. Officer Mitchell proceeded outside the city limits of Clarksdale about half a mile before spotting the car. He did not have a warrant for McFarlin's arrest, nor did he observe McFarlin commit any violation within his jurisdiction. The plain view doctrine only allows an officer who has a right to be in the position to have that view to seize objects and later introduce them in to evidence. Because all of the evidence against McFarlin arose out the officer's initial unlawful search, the judgment is reversed and rendered. |
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