81 So. 3d 1181
Miss. Ct. App.2011Background
- October 14, 2009, at Exxon Truck Stop in Liberty, Mississippi, Trooper Powell smelled alcohol on Bondegard and noted his flushed face and nervous demeanor.
- Bondegard purchased beer and behaved increasingly nervous, fumbling with his credit card and avoiding interaction with items on the counter.
- Bondegard left the store with items, then returned multiple times, making phone calls and eventually buying a hot dog.
- Schneckloth transported Bondegard back to the C-Store after Bondegard reported his pickup truck would not start; Bondegard later drove his pickup from the lot without incident at that moment.
- Moments later, Bondegard drove erratically, missing the parking lot entrance and driving into a ditch, prompting Trooper Powell to pursue and ultimately arrest him for DUI.
- Bondegard was convicted of DUI, first offense, in circuit court after a de novo trial, with a suspended sentence conditioned on fines and probation; on appeal, the circuit court’s denial of a rule-based challenge to probable cause was affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Probable cause for a warrantless DUI arrest existed? | Bondegard contends no probable cause | Powell had probable cause based on odor, nervousness, and later erratic driving | Yes; probable cause existed given evolving circumstances. |
| Procedural bar for unraised trial issue? | Failure to raise issue at trial bars it on appeal | Procedural bar applies to unraised issues | Procedural bar applies; issue barred. |
Key Cases Cited
- Dies v. State, 926 So.2d 910 (Miss. 2006) (probable cause evaluation in DUI context; reasonable grounds standard)
- Jones v. State, 993 So.2d 386 (Miss. Ct. App. 2008) (probable cause and arrest standard in DUI cases)
- Beck v. Ohio, 379 U.S. 89 (1964) (probable cause for warrantless arrest standard)
- United States v. Johnson, 445 F.3d 793 (5th Cir. 2006) (probable cause standard in DUI arrest context (Beck))
- Birrages v. Ill. Cent. R.R. Co., 950 So.2d 188 (Miss. 2006) (procedural bar for issues not raised at trial)
- Eaddy v. State, 63 So.3d 1209 (Miss. 2011) (mixed standard of review for probable cause/reasonable suspicion)