Couldery v. State


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Docket Number: 2003-KA-00494-COA
Linked Case(s): 2003-KA-00494-COA

Court of Appeals: Opinion Link
Opinion Date: 12-14-2004
Opinion Author: Lee, P.J.
Holding: Reversed and rendered

Additional Case Information: Topic: Possession of Schedule III controlled substance - Illegal stop and search - Traffic violation - Section 63-3-601 - Section 63-3-611 - Section 63-3-603
Judge(s) Concurring: King, C.J., Bridges, P.J., Irving, Myers, Chandler, Griffis, Barnes and Ishee, JJ.
Nature of the Case: CRIMINAL - FELONY

Trial Court: Date of Trial Judgment: 01-09-2003
Appealed from: Rankin County Circuit Court
Judge: Samac Richardson
Disposition: COUNTS I & II, POSSESSION OF CONTROLLED SUBSTANCE: SENTENCE OF TWENTY-FOUR YEARS ON COUNT I; SENTENCE OF SIXTEEN YEARS ON COUNT II, ALL IN THE CUSTODY OF THE MDOC; COUNT II TO RUN CONSECUTIVELY TO COUNT I WITH EIGHTEEN YEARS SUSPENDED ON COUNT I AND 12 YEARS SUSPENDED ON COUNT II WITH FIVE YEARS' SUPERVISED PROBATION.
District Attorney: Rick Mitchell
Case Number: 13,270

  Party Name: Attorney Name:  
Appellant: Robert Couldery a/k/a Robert B.J. Couldery




SHAWNA ANNE MURRELL KATHRYN N. NESTER



 

Appellee: State of Mississippi OFFICE OF THE ATTORNEY GENERAL BY: JEAN SMITH VAUGHAN  

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Topic: Possession of Schedule III controlled substance - Illegal stop and search - Traffic violation - Section 63-3-601 - Section 63-3-611 - Section 63-3-603

Summary of the Facts: Robert Couldery was convicted on two counts of possession of a Schedule III controlled substance. Couldery was sentenced on Count I to twenty-four years with eighteen years suspended and on Count II to sixteen years with twelve years suspended. He appeals.

Summary of Opinion Analysis: Couldery was returning to New York from a vacation in California. He was driving east on Interstate 20 between Brandon and Pelahatchie when he saw a marked Mississippi Highway Patrol car parked on the right shoulder of the interstate. Before passing the vehicle, Couldery changed from the right lane of traffic to the left lane. The traffic stop leading to arrest was predicated on a traffic violation, namely that Couldery was driving in the lefthand lane of the roadway. An officer may make an arrest only when he/she has probable cause. To determine the legality of a police investigatory stop, the court must examine if the officer's actions were justified at its inception and then inquire whether the officer's subsequent actions were reasonably related in scope to the circumstances that justified the stop. The State argues that the stop was lawful due to Couldery's violation of section 63-3-601, which is titled, "[v]ehicles to be driven on right half of roadway; exceptions." This statute should be read in conjunction with section 63-3-611, which addresses the exceptions to 601's requirement that traffic remain on the right side of the roadway. An Attorney General’s opinion says that driving in the left-hand lane of a four lane highway does not violate either statute. Couldery's actions in driving in the left lane of the right half of the interstate highway did not constitute a criminal offense as contemplated in the statute. Furthermore, section 63-3-601(4) exempts roadways "designated and signposted for oneway traffic." Even if the legislature intended to include the interstate highway within the purview of section 63-3-601, the interstate highway is clearly a roadway that is designated and signposted for one-way traffic, and therefore traffic on the interstate would fall into the exception enumerated in 63-3-601(4). The State argues that Couldery was also in violation of section 63-3-603, entitled "Driving on roadways laned for traffic." However, there is no evidence in the record that Couldery violated 63-3-603 in moving from the right-hand lane to the left-hand lane. According to the State Trooper, there were no other vehicles on the interstate other than Couldery and the trooper. The State also argues that Couldery was under a duty to maintain a proper lookout. This argument lacks merit, for Couldery 's "proper lookout" is evidenced by the fact that he saw the trooper's vehicle parked on the shoulder of the interstate and moved from the right lane to the left lane to maintain a safe distance from it. Under the totality of the circumstances, the officer lacked a reasonable basis for his stop, and the stop was not proper. Accordingly, the court erred in not suppressing all contraband which stemmed from this stop. Even if the stop was proper, the officer should have ticketed Couldery and left him to journey home. Nothing in the record supports a finding that the officer was justified in further detaining Couldery beyond the ordinary scope of a brief traffic stop.


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