Bankston v. State
| Docket Number: | 2007-KA-00929-COA Linked Case(s): 2007-KA-00929-COA ; 2007-CT-00929-SCT |
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| Court of Appeals: |
Opinion Link Opinion Date: 09-09-2008 Opinion Author: Carlton, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Sexual battery - Admission of recorded statements - Probable cause for arrest Judge(s) Concurring: Kiing, C.J., Lee and Myers, P.JJ., Irving, Chandler, Griffis, Barnes, Ishee, and RobertsOBERTS, JJ. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 04-11-2007 Appealed from: MONTGOMERY COUNTY CIRCUIT COURT Judge: Clarence E. Morgan, III Disposition: CONVICTED OF COUNT I, SEXUAL BATTERY, AND SENTENCED TO THIRTY YEARS, AND COUNT II, SEXUAL BATTERY, AND SENTENCED TO THIRTY YEARS, WITH THE SENTENCE IN COUNT II TO RUN CONCURRENTLY TO THE SENTENCE IN COUNT I, ALL IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS District Attorney: Doug Evans Case Number: 2007-0028-CR |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | CHARLES BANKSTON |
GLENN S. SWARTZFAGER |
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| Appellee: | STATE OF MISSISSIPPI | OFFICE OF THE ATTORNEY GENERAL BY: LAURA HOGAN TEDDER |
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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: | Sexual battery - Admission of recorded statements - Probable cause for arrest |
| Summary of the Facts: | Charles Bankston was convicted of two counts of sexual battery and sentenced to thirty years on each count. He appeals. |
| Summary of Opinion Analysis: | Issue 1: Admission of recorded statements Bankston argues that the court should have excluded the recording of the cell phone call his daughter made to him in which he made incriminating statements. He argues that because his daughter was only sixteen at the time of the investigation, she was too young to consent to having the deputy record her phone call. Bankston has no standing to argue that his daughter could not consent to having her conversation recorded. The right to be free from illegal searches is a personal right. Bankston had no reasonable expectation of privacy in the phone conversation. The daughter initiated the phone call to her father, and the phone call was recorded with her consent. Issue 2: Probable cause for arrest Bankston argues that without the recorded conversation with his daughter, the sheriff’s department would not have had probable cause to arrest him. Therefore, he argues that any statements he made after his arrest should have been excluded at trial. Even without the evidence from the recorded telephone call, the deputy had probable cause to arrest Bankston. The daughter’s allegation alone gave law enforcement officers probable cause for an arrest warrant. |
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