Cooper v. State
| Docket Number: | 2011-KA-00294-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 06-19-2012 Opinion Author: Russell, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Possession of methamphetamine - Motion to suppress - Probable cause - Veracity of confidential informant Judge(s) Concurring: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Roberts, Carlton, Maxwell and Fair, JJ. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 02-22-2011 Appealed from: Neshoba County Circuit Court Judge: Marcus D. Gordon Disposition: CONVICTED OF POSSESSION OF METHAMPHETAMINE AND SENTENCED TO EIGHT YEARS IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS District Attorney: Mark Sheldon Duncan Case Number: 10-CR-118-NS-G |
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| Party Name: | Attorney Name: | |||
| Appellant: | Benjamin Christopher Cooper |
EDMUND J. PHILLIPS JR.
CHRISTOPHER A. COLLINS |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL: STEPHANIE BRELAND WOOD |
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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. |
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| Topic: | Possession of methamphetamine - Motion to suppress - Probable cause - Veracity of confidential informant |
| Summary of the Facts: | Benjamin Cooper was convicted of possession of methamphetamine and sentenced to eight years. He appeals. |
| Summary of Opinion Analysis: | Cooper argues that the circuit court erred by denying his motion to suppress the results of the search warrant because the State failed to prove that the confidential informant was reliable. The standard for determining the existence of probable cause for a search warrant based on an informant is the totality of the circumstances. Probable cause exists when based on information reasonably leading an officer to believe that then and there contraband or evidence material to a criminal investigation would be found. The veracity of a confidential informant may be established by a statement of the affiant that the confidential informant has given credible information in the past. Here, the deputy testified that the confidential informant had provided reliable information in the past, leading to arrests and convictions. Under the totality of the circumstances, there was sufficient evidence of the confidential informant’s veracity. |
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