326 So.3d 489
Miss. Ct. App.2021Background
- On July 9, 2015 MBN agents executed search warrants at two Meridian convenience stores owned by Abdulkhaliq Murshid; an arrest warrant for Murshid was also executed that day.
- Agents entered the Grey Cloud store, were invited behind the counter by an employee who opened a drawer revealing foil packages labeled as "incense," and then obtained a search warrant; items seized included suspected synthetic cannabinoids, cash, and ledgers.
- At the Meridian Tobacco store agents seized packaged and loose material later tested as synthetic cannabinoids (total net weight 650.08 g across both stores), counterfeit purses/wallets, firearms, scales, and $1,700 cash.
- Murshid was indicted in 2016; the State reindicted him in 2019 and amended Count II (drug weight) at trial to allege possession of more than 30 grams but less than 1 kilogram of synthetic cannabinoids.
- The circuit court denied Murshid’s motion to suppress evidence from the Grey Cloud search, denied his motion to dismiss (statute of limitations/speedy-trial claim), denied a mistrial after a brief reference to a 2013 arrest, and denied directed-verdict motions as to Counts I–V.
- A jury convicted Murshid on Counts I–V (possession with intent to sell counterfeit goods; possession with intent to sell >30 g but <1 kg spice; and three counts for recordings missing required information); he received consecutive terms (3 years + 5 years) and fines totaling $35,000.
Issues
| Issue | State's Argument | Murshid's Argument | Held |
|---|---|---|---|
| Motion to suppress: validity of Grey Cloud search | Employee who operated store had authority to invite agents behind counter; items were in plain view and provided probable cause for warrant | Owner Murshid argues only he could consent; employee lacked authority so search was unlawful | Denied: employee had common authority over counter area; plain view observation justified warrant and search |
| Motion to dismiss: statute of limitations / untimely reindictment | Prosecution commenced upon execution of arrest warrant/search in 2015; indictment and later reindictment were timely | Murshid contends two-year statute of limitations expired and reindictment was untimely/invalid | Denied: arrest warrant and prosecution commenced within limitations; reindictment merely adjusted Count II and was timely in context |
| Motion for mistrial: prior-bad-acts reference (2013 arrest) | Single, inadvertent reference was brief; objection sustained and jury instructed to disregard inadmissible statements | Murshid argues reference to 2013 arrest prejudiced jury and warranted mistrial | Denied: no substantial/irreparable prejudice; trial court discretion and jury instruction cured the error |
| Directed verdict / sufficiency: constructive possession and intent to sell | Evidence showed Murshid owned/controlled premises, had knowledge of and dominion over contraband, and indicia of intent to sell (display, ledgers, quantity) | Murshid contends no direct possession and insufficient proof tying him to contraband and intent | Denied: viewed in State's favor, evidence (ownership, control, admissions, plain‑sight displays, lab results) was sufficient for reasonable jurors to convict |
Key Cases Cited
- Holloway v. State, 282 So. 3d 537 (mixed review standard for suppression)
- Dies v. State, 926 So. 2d 910 (probable-cause and historical-findings framework)
- Jones v. State, 261 So. 3d 1131 (Fourth Amendment and warrant exceptions)
- Brown v. State, 119 So. 3d 1079 (third‑party consent / common authority)
- Stevens v. State, 294 So. 3d 699 (arrest warrant or related process commences prosecution for limitations purposes)
- Roney v. State, 294 So. 3d 1268 (constructive possession principles)
- Williams v. State, 971 So. 2d 581 (dominion/control as basis for constructive possession)
- Jordan v. State, 158 So. 3d 348 (presumption of constructive possession when defendant owns premises)