Hampton v. State
| Docket Number: | 2006-CA-01211-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 10-02-2007 Opinion Author: ISHEE, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Possession of cocaine - Motion to suppress - Roadblock checkpoint - Cross-examination Judge(s) Concurring: KING, C.J., LEE AND MYERS, P.JJ., IRVING, CHANDLER, GRIFFIS, BARNES, ROBERTS AND CARLTON, JJ. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 07-14-2006 Appealed from: NESHOBA COUNTY CIRCUIT COURT Judge: Marcus D. Gordon Disposition: CONVICTION OF POSSESSION OF COCAINE AND SENTENCED TO SERVE A TERM OF FOUR YEARS IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS AND PAY A FINE OF $1,500. Case Number: 06-CR-0030-NS-G |
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| Party Name: | Attorney Name: | |||
| Appellant: | TERRY HAMPTON |
EDMUND J. PHILLIPS, JR. |
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| Appellee: | STATE OF MISSISSIPPI | OFFICE OF THE ATTORNEY GENERAL BY: LADONNA C. HOLLAND |
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| Topic: | Possession of cocaine - Motion to suppress - Roadblock checkpoint - Cross-examination |
| Summary of the Facts: | Terry Hampton was convicted for possession of cocaine and sentenced to four years. He appeals. |
| Summary of Opinion Analysis: | Issue 1: Motion to suppress Hampton argues that the court erred in denying his motion to suppress the results of the search of his pocket at the roadblock checkpoint. Factors the court should consider in determining whether a checkpoint by law enforcement is valid include existence of a strong public interest in maximizing success in combating the problem at hand, an inability to achieve adequate results by relying on probable cause determinations, and the relatively limited invasion of the citizen's privacy involved in the procedure in question. Hampton argues that the checkpoint was unreasonable because its purpose was general law enforcement and was not precisely specified. Two Neshoba County Sheriff’s Department officers testified that the purpose of the roadblock was to check for valid driver’s licenses which was reasonable and had a valid purpose. Additionally, substantial credible evidence exists to support the trial court’s admission of the cocaine into evidence. Issue 2: Cross-examination Hampton argues the judge erred when he sustained the State’s objection to his questioning on cross-examination of the deputy regarding the document marked “Defendant’s Exhibit 1,” which was submitted as an exhibit to Hampton’s motion to suppress. The court properly sustained the State’s objection to the line of questions regarding the Neshoba County Sheriff’s Department’s policy and procedure to establish a valid checkpoint. Hampton submits that the checkpoint was unreasonable, which is a constitutional challenge for the trial judge; therefore, his line of questioning regarding the document was irrelevant to the factual issue before the jury, that being the charge of possession of cocaine. |
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