323 So.3d 1111
Miss. Ct. App.2021Background
- Around 9:00 p.m., dispatch reported a reckless driver on I-55 who had "ran off the road multiple times." Officer Hall located a vehicle matching the description driven by Antionne Sellers.
- Officer Hall observed Sellers driving ~50 mph in a 70 mph zone (about 20 mph below limit), swerving within his lane, and a tag cover obscuring the plate’s expiration date; officer initiated a stop for improper display of the tag.
- During the stop officer smelled alcohol, observed dilated pupils, and saw beer cans and a liquor bottle on the passenger floorboard; Sellers admitted to one beer.
- Sellers performed field sobriety tests (indicative of impairment) and a portable breath test (positive). At the station an Intoxylizer 8000 registered .12% BAC.
- Municipal court convicted Sellers of DUI (first offense) and improper-equipment; county court (de novo) acquitted on equipment but found Sellers guilty of DUI; circuit court affirmed.
- On appeal Sellers challenged the stop/probable cause, claimed the court relied on extra-record grounds, and sought suppression of evidence obtained from the stop.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Validity of traffic stop / sufficiency for directed verdict | Sellers: officer lacked probable cause; stop unlawful; therefore evidence should be suppressed and directed verdict required | State: totality of circumstances—dispatch report, corroboration, swerving, low speed, and obscured tag justified objective probable cause | Held: Affirmed. Stop was supported by probable cause under totality of circumstances; evidence sufficed to deny directed verdict and sustain DUI conviction |
| Applicability of exclusionary rule / suppression of evidence | Sellers: evidence from stop should be excluded because stop was illegal | State: officer had probable cause; exclusionary rule does not apply; defendant also failed to contemporaneously object at trial (procedural bar) | Held: Affirmed. No suppression; issue waived for failure to object and meritless because stop was lawful |
| Whether judge improperly relied on video / created extra grounds for probable cause | Sellers: judge is not an officer and improperly used video to create new grounds beyond officer testimony | State: judge may consider all admissible evidence (including video) to assess totality of circumstances | Held: Affirmed. Judge permissibly considered video and other evidence when evaluating totality of circumstances |
Key Cases Cited
- Whren v. United States, 517 U.S. 806 (1996) (traffic stop reasonable when officer has probable cause to believe a traffic violation occurred)
- Trejo v. State, 76 So. 3d 702 (Miss. Ct. App. 2010) (stop illegal when no objective basis or observed violation existed)
- Adams v. City of Booneville, 910 So. 2d 720 (Miss. Ct. App. 2005) (review standards for reasonable suspicion/probable cause and totality-of-circumstances approach)
- Harrison v. State, 800 So. 2d 1134 (Miss. 2001) (probable cause arises from totality of known facts and reasonably trustworthy information)
- Martin v. State, 240 So. 3d 1047 (Miss. 2017) (officer must have an objective basis for a stop; totality-of-circumstances review)
- Butler v. State, 16 So. 3d 751 (Miss. Ct. App. 2009) (failure to contemporaneously object to evidence at trial waives appellate review)