Austin v. State
| Docket Number: | 2010-KA-00903-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 10-18-2011 Opinion Author: Carlton, J. Holding: Affirmed |
|
| Additional Case Information: |
Topic: Possession of firearm by convicted felon - Motion to suppress - Probable cause - Violation of section 63-2-1(1) Judge(s) Concurring: Lee, C.J., Irving and Griffis, P.JJ., Myers, Barnes, Ishee, Roberts, Maxwell and Russell, JJ. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
|
| Trial Court: |
Date of Trial Judgment: 05-26-2010 Appealed from: Lowndes County Circuit Court Judge: Lee J. Howard Disposition: CONVICTED OF POSSESSION OF A FIREARM BY A CONVICTED FELON AND SENTENCED AS A HABITUAL OFFENDER TO TEN YEARS IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS WITHOUT ELIGIBILITY FOR PAROLE OR PROBATION AND TO PAY A $5,000 FINE Case Number: 2009-0186-CR1 |
|
| Party Name: | Attorney Name: | |||
| Appellant: | Thomas Earl Austin, Jr. |
GARY GOODWIN
LESLIE S. LEE
BENJAMIN ALLEN SUBER |
||
| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL: LAURA HOGAN TEDDER |
|
|
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 firearm by convicted felon - Motion to suppress - Probable cause - Violation of section 63-2-1(1) |
| Summary of the Facts: | Thomas Austin was convicted of possession of a firearm by a convicted felon. He was sentenced as a habitual offender to ten years without eligibility for parole or probation. Austin appeals. |
| Summary of Opinion Analysis: | Austin argues that the circuit court erred in overruling his motion to suppress evidence of the weapons found in his vehicle and Austin’s statements regarding possession of the weapons. Austin argues that the officer lacked probable cause and reasonable suspicion to initiate the traffic stop and subsequently search his vehicle. As a general rule, the decision to stop an automobile is reasonable where the police have probable cause to believe that a traffic violation has occurred. Here, the officer testified at trial that he observed that neither Austin nor his passengers were wearing seat belts while riding in the vehicle, which is a violation of section 63-2-1(1). Thus, the officer’s traffic stop was constitutionally reasonable. Austin also argues that the officer’s search of the vehicle and trunk was not reasonably related in scope to the circumstances that justified the brief traffic stop. The officer explained at trial that had he not smelled marijuana emanating from the vehicle, Austin would have been free to leave. An audio recording of the traffic stop, which Austin’s counsel played at both the suppression hearing and at trial, confirms that Austin consented to the officer’s request to search the vehicle and trunk. A search conducted pursuant to voluntary consent obviates the need for either probable cause or a warrant. |
Home | Terms of Use | About the JDP | Feedback | Using JDP | MC Law Library | Mississippi Supreme Court
