242 So. 3d 31
Miss.2018Background
- On Aug. 6, 2015 MBN agents acted on an anonymous tip of drug sales at a residence on/near Martin Luther King Dr. with a chiminea; multiple agents responded and found six men outside, including John Cole.
- Agents observed one man hide something under his shirt; that man produced a marijuana joint and more marijuana was found nearby; a second man produced marijuana in a bottle and a third (Williams) had marijuana and a pistol.
- After these discoveries, agents decided to frisk the group for weapons; as officers moved toward Cole he stood and fled, discarding a white towel; officers heard metallic clinking and later found a revolver and marijuana near the towel in the street.
- Cole was captured, Mirandized at jail, allegedly made an unrecorded statement admitting sales and firearm purchase, but he disputed making the admissions at the suppression hearing.
- Cole moved to suppress the firearm, marijuana, and his alleged statements; the trial court denied suppression, a jury convicted Cole of possession with intent to distribute (<30g) and felon in possession, and he was sentenced as a habitual offender.
Issues
| Issue | Cole's Argument | State's Argument | Held |
|---|---|---|---|
| Lawfulness of investigatory stop (reasonable suspicion) | Anonymous tip and presence do not justify detaining Cole or frisking him; agents lacked basis to stop him | Tip corroborated by agents’ on-scene observations (location, group, one person hiding contraband); personal observations provided reasonable suspicion | Stop lawful: anonymous tip plus agents’ independent observation of a person concealing contraband gave specific, articulable grounds under Terry |
| Whether Cole was "seized" before fleeing and whether detention exceeded Terry scope | Agents’ questioning converted encounter into an unlawful seizure of all group members; frisk and detention of Cole exceeded scope | Initial detention of group for narcotics investigation was lawful; discovery of drugs on multiple persons and a gun justified detention and weapons frisk of Cole | Cole was temporarily detained (not under arrest) but detention was lawful and within Terry’s scope; frisk for weapons was justified |
| Effect of Cole’s unprovoked flight on probable cause | Flight does not by itself create probable cause; evidence after flight should be suppressed (citing Carr) | Unprovoked flight during a lawful Terry stop furnished further reasonable suspicion and, together with flight, gave probable cause to arrest; abandoned items are admissible | Flight provided additional justification; officers had probable cause to arrest after pursuit; Carr distinguished as inapplicable |
| Admissibility of items found (towel with gun/marijuana in street and marijuana on person) | Items found after pursuit were fruit of unlawful detention/arrest; should be suppressed | Items were abandoned during flight (no expectation of privacy) and additional marijuana found after lawful arrest was admissible as search incident to arrest | Items abandoned in street were admissible (Hodari/Harper abandonment rule); marijuana on person admissible as search incident to lawful arrest |
Key Cases Cited
- Terry v. Ohio, 392 U.S. 1 (1968) (establishes investigatory stop and limited frisk for weapons when officer has reasonable suspicion)
- Hodari D. v. United States, 499 U.S. 621 (1991) (abandoned or discarded items during flight are not the product of a seizure)
- Miranda v. Arizona, 384 U.S. 436 (1966) (custodial warnings required before admitting statements)
- Illinois v. Wardlow, 528 U.S. 119 (2000) (unprovoked flight in high-crime area is relevant to reasonable suspicion)
- Alabama v. White, 496 U.S. 325 (1990) (anonymous tip may support reasonable suspicion when corroborated)
- Florida v. J.L., 529 U.S. 266 (2000) (anonymous tip alone usually lacks indicia of reliability)
- Riley v. California, 573 U.S. 373 (2014) (search incident to arrest principle and its limits)
- Cooper v. State, 145 So. 3d 1164 (Miss. 2014) (addressing anonymous-tip corroboration and reasonable suspicion)
- Eaddy v. State, 63 So. 3d 1209 (Miss. 2011) (Fourth Amendment standards for investigatory stops)
- Dies v. State, 926 So. 2d 910 (Miss. 2006) (flight from a Terry stop can supply probable cause to arrest)
- Harper v. State, 635 So. 2d 864 (Miss. 1994) (abandoned contraband during flight not fruit of an unlawful seizure)