Spurlock v. State


<- Return to Search Results


Docket Number: 2009-KA-01728-COA
Linked Case(s): 2009-KA-01728-COA

Court of Appeals: Opinion Link
Opinion Date: 03-08-2011
Opinion Author: Irving, P.J.
Holding: Affirmed.

Additional Case Information: Topic: Possession of marijuana with intent to distribute - Suppression of evidence - Investigative stop
Judge(s) Concurring: Lee, C.J., Griffis, P.J., Myers, Barnes, Ishee, Roberts, Carlton and Maxwell, JJ.
Procedural History: JNOV
Nature of the Case: CRIMINAL - FELONY

Trial Court: Date of Trial Judgment: 11-21-2008
Appealed from: PIKE COUNTY CIRCUIT COURT
Judge: David H. Strong, Jr.
Disposition: Convicted of Possession of at least One Kilogram but less than Five Kilograms of Marijuana with Intent to Distribute and Sentenced to Fifteen Years in the Custody of the Mississippi Department of Corrections, with Ten Years to Serve and Five Years of Post-Release Supervision
District Attorney: Dee Bates
Case Number: 08-135-PKS-2

  Party Name: Attorney Name:   Brief(s) Available:
Appellant: Robert Spurlock




ERIN E. PRIDGEN



 
  • Appellant #1 Brief
  • Appellant #1 Reply Brief

  • Appellee: State of Mississippi OFFICE OF THE ATTORNEY GENERAL: 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.

    Topic: Possession of marijuana with intent to distribute - Suppression of evidence - Investigative stop

    Summary of the Facts: Robert Spurlock was convicted of possession of at least one kilogram but less than five kilograms of marijuana with intent to distribute and was sentenced to fifteen years, with ten years to serve and five years of post-release supervision. He appeals.

    Summary of Opinion Analysis: Spurlock argues that the police roadblock was unconstitutional; therefore, the evidence seized after police stopped and searched the vehicle should have been suppressed. Investigative stops are permissible, provided that an officer has reasonable suspicion, grounded in specific and articulable facts, that a person they encounter was involved in or is wanted in connection with a felony or as long as the officers have some objective manifestation that the person stopped is, or is about to be, engaged in criminal activity. In this case, the police received a phone call from an unidentified male while executing a search warrant at someone’s home. When police answered, the caller asked, “Are you ready to re-up?” Before receiving the call, the police had uncovered marijuana, ecstacy, and handguns in the home. While the police did not have any identifying information for the caller other than his gender, they reasonably suspected that someone was approaching the home with contraband. Therefore, the police utilized a roadblock to confirm their reasonable suspicion. Because the police had reasonable suspicion, their investigatory stop of the vehicle in which Spurlock was a passenger was not unconstitutional.


    Home | Terms of Use | About the JDP | Feedback | Using JDP | MC Law Library | Mississippi Supreme Court