Mosley v. State
| Docket Number: | 2010-KA-00467-COA Linked Case(s): 2010-KA-00467-COA ; 2010-CT-00467-SCT |
|
| Court of Appeals: |
Opinion Link Opinion Date: 10-18-2011 Opinion Author: Maxwell, J. Holding: Affirmed |
|
| Additional Case Information: |
Topic: Possession of marijuana & Possession of cocaine - Motion to suppress - Pretextual traffic stop - Probable cause - Constructive possession instructions - Sufficiency of evidence Judge(s) Concurring: Lee, C.J., Irving and Griffis, P.JJ., Myers, Barnes, Ishee, Roberts, Carlton and Russell, JJ. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
|
| Trial Court: |
Date of Trial Judgment: 02-24-2010 Appealed from: Choctaw County Circuit Court Judge: Clarence E. Morgan, III Disposition: CONVICTED OF COUNT II, POSSESSION OF LESS THAN THIRTY GRAMS OF MARIHUANA, A SCHEDULE I CONTROLLED SUBSTANCE, AND SENTENCED TO PAY A FINE OF $250, AND COUNT III, POSSESSION OF MORE THAN 0.1 BUT LESS THAN 2 GRAMS OF COCAINE, A SCHEDULE II CONTROLLED SUBSTANCE, AND SENTENCED TO EIGHT YEARS IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS AND SUSPENSION OF DRIVING PRIVILEGES FOR SIX MONTHS District Attorney: Doug Evans Case Number: 2010-046-CR |
|
| Party Name: | Attorney Name: | |||
| Appellant: | James Wayland Mosley |
PHILLIP BROADHEAD
LESLIE S. LEE |
||
| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL: JEFFREY A. KLINGFUSS |
|
|
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 & Possession of cocaine - Motion to suppress - Pretextual traffic stop - Probable cause - Constructive possession instructions - Sufficiency of evidence |
| Summary of the Facts: | James Mosley was convicted of possession of marijuana and cocaine. The circuit court fined Mosley for the marijuana possession but sentenced him to eight years’ imprisonment for the cocaine-possession charge. Mosley appeals. |
| Summary of Opinion Analysis: | Issue 1: Motion to suppress Mosley argues the trial court erred in denying his motion to suppress the drugs and gun found in the vehicle in which he was riding as a passenger. He argues the basis for the traffic stop was pretextual and manufactured after the fact, as evidenced by the officers’ failure to issue the vehicle’s owner, Mosley’s girlfriend, a traffic citation. As a general matter, the decision to stop an automobile is reasonable where the police have probable cause to believe that a traffic violation has occurred. During a lawful traffic stop an officer may order a passenger out of the car as a precautionary measure, without reasonable suspicion that the passenger poses a safety risk. When an officer determines an illegal substance is in plain view, the officer then has probable cause to make an arrest and search the vehicle. The record shows the officers had been surveilling the house of a suspected drug dealer. They saw Mosley, who they knew had sold drugs to confidential informants, leave this house in a green Tahoe, which they recognized from undercover videos of controlled drug purchases. And they decided to tail the Tahoe to see where Mosley was going. The deputy sheriff testified, while following the Tahoe, he did not see the use of any turn signal or brake lights when the Tahoe stopped and made a right turn, which is a statutory traffic violation. The fact the deputy sheriff did not issue Mosley’s girlfriend a traffic citation did not negate the officers’ probable cause to make the traffic stop. There is no requirement that an officer issue a citation for the predicate traffic violation to have a valid stop or search. Based on the totality of the circumstances, the officers had objective probable cause that Mosley’s girlfriend had committed the traffic violations. The officers ordered Mosley, who they had reason to suspect was armed, out of the vehicle as a safety precaution. The MBN agent saw marijuana in plain sight on the passenger-side floorboard. Mosley admitted there was marijuana and a gun. Based on the circumstances, the officers permissibly searched the vehicle. Issue 2: Constructive possession instructions Mosley argues the circuit court erred by refusing to give his two proposed constructive-possession instructions. Because the constructive-possession instruction given by the circuit court fairly announced the law on constructive possession, there is no error. The circuit court did not err in failing to instruct the jury on what evidence to look for if the presumption does not arise. Issue 3: Sufficiency of evidence The MBN agent testified that Mosley, when asked if there was anything illegal in the Tahoe, admitted there was marijuana in the baggie box on the passenger-side floorboard. Though Mosely did not mention the cocaine, the agent found the cocaine next to the marijuana. Both drugs were located right where Mosley had just been sitting and in the same area that Mosely indicated the marijuana was located. Viewing this evidence in the light most favorable to the State, a rational jury could have found beyond a reasonable doubt that Mosley was guilty of knowingly possessing both the marijuana and the cocaine. |
Home | Terms of Use | About the JDP | Feedback | Using JDP | MC Law Library | Mississippi Supreme Court
