Kirkland v. State
| Docket Number: | 2004-KA-00572-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 12-13-2005 Opinion Author: Irving, J. Holding: AFFIRMED |
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| Additional Case Information: |
Topic: Possession of controlled substance - Probable cause - Admission of evidence Judge(s) Concurring: King, C.J., Lee and Myers, P.JJ., Bridges, Chandler, Griffis, Barnes and Ishee, JJ. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 03-12-2004 Appealed from: Neshoba County Circuit Court Judge: Vernon Cotten Disposition: CONVICTED OF POSSESSION OF METHAMPHETAMINE, A SCHEDULE II CONTROLLED SUBSTANCE, AND SENTENCED TO SEVEN YEARS IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS District Attorney: Mark Sheldon Duncan Case Number: 03-CR-074-NS-G |
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| Party Name: | Attorney Name: | |||
| Appellant: | Steven Ross Kirkland |
EDMUND J. PHILLIPS, CHRISTOPHER A. COLLINS |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL: JOSE B. SIMO |
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| Topic: | Possession of controlled substance - Probable cause - Admission of evidence |
| Summary of the Facts: | Steven Kirkland was found guilty of possession of a schedule II controlled substance, methamphetamine, and was sentenced to seven years. He appeals. |
| Summary of Opinion Analysis: | Issue 1: Probable cause Kirkland argues that the search warrant lacked probable cause, because there were numerous unnamed individuals whose information was relied on in the affidavit used to issue the warrant. The task of the issuing magistrate is simply to make a practical, common-sense decision, whether, given all the circumstances set forth in the affidavit before him, including the veracity and basis of knowledge of persons supplying hearsay information, there is a fair probability that contraband or evidence of a crime will be found in a particular place. Probable cause existed in this case. The primary agent in the case submitted six pages of affidavit showing probable cause for the issuance of a warrant. Although the affidavit contained snippets of information from unnamed informants, the majority of the information came from the personal observations of the agent and other law enforcement officers. Even excluding the information provided by informants, the personal observations, combined with the experience and education of the officers, provided more than sufficient probable cause for the issuance of a search warrant. Issue 2: Admission of evidence Kirkland argues that the methamphetamine that led to his conviction should not have been admitted into evidence, because a warrant to search designated premises does not authorize the search of a person found on the premises. It is true that a search warrant does not give law enforcement the right to search persons located on the premises to be searched, but the methamphetamine in this case was not found on Kirkland’s person. It was undisputed that the methamphetamine was found in an article of clothing lying on the floor next to Kirkland, not on Kirkland himself. Officers clearly picked up the clothing in question because they intended to give the clothes to Kirkland to cover himself. This fell within the bounds of the issued search warrant. |
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