Johnston v. State


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Docket Number: 2002-KA-00796-COA
Linked Case(s): 2002-KA-00796-COA

Court of Appeals: Opinion Link
Opinion Date: 06-03-2003
Opinion Author: Thomas, J.
Holding: Affirmed

Additional Case Information: Topic: Possession of controlled substance - Constitutionality of roadblock - Suppression of evidence
Judge(s) Concurring: McMillin, C.J., King and Southwick, P.JJ., Bridges, Lee, Irving, Myers, Chandler and Griffis, JJ.
Procedural History: Jury Trial
Nature of the Case: CRIMINAL - FELONY

Trial Court: Date of Trial Judgment: 05-09-2002
Appealed from: Leake County Circuit Court
Judge: Marcus D. Gordon
Disposition: POSSESSION OF METHAMPHETAMINESENTENCED TO A TERM OF 12 YEARS IN THE CUSTODY OF THE MDOC
Case Number: 02-CR-038-LE

  Party Name: Attorney Name:  
Appellant: Eric Butch Johnston




WILLIAM MITCHELL MORAN DAN W. DUGGAN



 

Appellee: State of Mississippi OFFICE OF THE ATTORNEY GENERAL BY: JOHN R. HENRY  

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Topic: Possession of controlled substance - Constitutionality of roadblock - Suppression of evidence

Summary of the Facts: Eric Johnston was convicted of possession of a controlled substance and sentenced to twelve years. He appeals.

Summary of Opinion Analysis: Issue 1: Roadblock Johnston was stopped at a roadblock. He argues that since a very minimal amount of citations were written as a consequence of that particular checkpoint and that since the deputies testified that the department had no written policies covering setting up roadblocks and the execution of such roadblocks, the roadblock was unconstitutional. To validate a particular law enforcement practice involving a stop and limited detention, there must be existence of a strong public interest in maximizing success in combating the problem at hand; an inability to achieve adequate result by relying on probable cause determinations; and the relatively limited invasion of the citizen's privacy involved in the procedure in question. Required stops for the purpose of checking for a valid driver's license are reasonable under the Fourth Amendment. Johnston was not singled out nor a victim of any unreasonable activity by the sheriff's deputies. The checkpoint for the purpose of valid license checking was constitutional. Issue 2: Suppression of evidence Johnston argues that he was never lawfully arrested and therefore any evidence obtained pursuant to an unlawful arrest should have been suppressed. Probable cause to make an arrest exists where the facts and circumstances within the arresting officer's knowledge and of which they had reasonably trustworthy information are sufficient in themselves to warrant a man of reasonable caution in the belief that an offense has been or is being committed. The search conducted here was incident to a lawful arrest as the deputy certainly had probable cause to believe Johnston was driving without a proper license.


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