Cooper v. State
2012 Miss. App. LEXIS 369
| Miss. Ct. App. | 2012Background
- Cooper convicted of possession of methamphetamine; eight-year sentence.
- Cooper moved to suppress results of a search warrant on the basis of informant unreliability.
- Deputy Sciple received information from a confidential informant believed to be credible.
- Affidavit and underlying facts claimed drugs (methamphetamine) were sold at 14 Eastover Drive within 24 hours.
- Justice Court Judge Cumberland signed the search warrant based on the affidavit and testimony.
- Officers found 0.5 grams of methamphetamine in Cooper's bedroom; Cooper waived Miranda and gave a written statement acknowledging ownership for personal use.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the warrant issued on informant information was supported by probable cause | Cooper argues informant veracity was not proven. | State shows informant credibility via past reliable information and totality of circumstances. | Probable cause existed; warrant valid; conviction affirmed. |
Key Cases Cited
- Flake v. State, 948 So.2d 493 (Miss. Ct. App. 2007) (abuse-of-discretion standard for evidentiary rulings)
- Stallworth v. State, 797 So.2d 905 (Miss. 2001) (probable cause and informant reliability considerations)
- Smith v. State, 504 So.2d 1194 (Miss. 1987) (standard for reviewing warrant issuance)
- Phinizee v. State, 983 So.2d 322 (Miss. Ct. App. 2007) (probable cause based on totality of the circumstances)
- Zinn v. City of Ocean Springs, 928 So.2d 915 (Miss. Ct. App. 2006) (probable cause analysis for warrants)
- Woods v. State, 866 So.2d 422 (Miss. 2003) (veracity of informants and reasonable reliance)
- Roebuck v. State, 915 So.2d 1132 (Miss. Ct. App. 2005) (consideration of facts and sworn testimony in probable cause)
- Petti v. State, 666 So.2d 754 (Miss. 1995) (informant credibility in probable-cause determinations)
- Strode v. State, 231 So.2d 779 (Miss. 1970) (probable cause standard description)