Vaughn v. State
| Docket Number: | 2006-KA-00065-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 01-08-2008 Opinion Author: MYERS, P.J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Aggravated DUI - Suppression of blood sample - Chain of custody Judge(s) Concurring: KING, C.J., LEE, P.J., CHANDLER, GRIFFIS, BARNES, ISHEE, ROBERTS AND CARLTON, JJ. Concur in Part, Concur in Result 1: IRVING, J. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 01-06-2006 Appealed from: WARREN COUNTY CIRCUIT COURT Judge: Isadore Patrick Disposition: CONVICTED OF AGGRAVATED DUI AND SENTENCED TO TWENTY YEARS IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS, WITH FIFTEEN YEARS TO SERVE AND FIVE YEARS OF POST-RELEASE SUPERVISION. District Attorney: G. Gilmore Martin Case Number: 04,0109-CRP |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | RONALD VAUGHN |
MICHAEL E. ROBINSON |
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| Appellee: | STATE OF MISSISSIPPI | OFFICE OF THE ATTORNEY GENERAL BY: LADONNA C. HOLLAND | ||
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: | Aggravated DUI - Suppression of blood sample - Chain of custody |
| Summary of the Facts: | Ronald Vaughn was convicted of aggravated driving under the influence following an accident in which his car struck a police officer on foot. He appeals. |
| Summary of Opinion Analysis: | Issue 1: Suppression of blood sample The trial court admitted Vaughn’s blood sample and the results of the toxicology reports into evidence, finding that there was sufficient probable cause at the time of the arrest to order the taking of a blood sample. Vaughn argues that there was a violation of his Fourth Amendment rights of unreasonable search and seizure because he claims there were no exigent circumstances. The trial court’s ruling that there existed sufficient probable cause to admit Vaughn’s blood test is supported by the record. The record clearly reflects that police had developed sufficient information to believe Vaughn had committed a crime at the time of the accident, and his arrest was proper. Testimony at trial revealed that Vaughn was handcuffed and under arrest shortly after the officers arrived at the accident scene. Vaughn was properly under arrest, since he was not free to leave the accident, and police had probable cause to believe he was under the influence of drugs or alcohol due to his behavior at the scene. In addition to having probable cause, the officers were working under exigent circumstances. Vaughn’s blood needed to be tested quickly in order to preserve the evidence of drugs or alcohol in his system. Therefore, exigent circumstances existed to permit a search. Issue 2: Chain of custody Vaughn argues that the State erred in failing to introduce testimony from everyone involved in testing the blood evidence at the testing site. However, establishing a proper chain of custody has never required the proponent to produce every person who handled the object, nor to account for every moment of every day. Vaughn has the burden of proof to establish a break by showing that there is an indication or reasonable inference of probable tampering with the evidence or substitution of the evidence. From the testimony reviewed in the record, there is sufficient testimony from individuals who handled the sample to establish a chain of custody. Further, Vaughn points to no evidence which would show probable tampering or substitution of evidence. |
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