Kendall Martin v. State of Mississippi
240 So. 3d 1047
| Miss. | 2017Background
- Around 4:55 p.m. on March 27, 2013, Deputy Jason Johns observed Kendall Martin's SUV cross or approach the right fog line twice on I‑20 and initiated a traffic stop.
- Johns, a K‑9 handler and drug‑task‑force deputy, smelled strong air freshener and a faint odor of marijuana when he first approached; the odor intensified when he opened the passenger door and rear hatch.
- Johns located a duffel bag that felt like "bricks;" after arresting Martin and reading Miranda warnings, the bag contained ~9.9 pounds of marijuana.
- Martin moved to suppress, arguing the initial stop lacked probable cause or reasonable suspicion, was pretextual/racially motivated, and was unlawfully extended; the trial court denied suppression and a jury convicted Martin of possession with intent to distribute.
- At sentencing the State introduced certified convictions showing four prior felony drug convictions (served concurrently); the trial court sentenced Martin as a habitual and subsequent drug offender to 60 years without parole.
Issues
| Issue | Martin's Argument | State's Argument | Held |
|---|---|---|---|
| Validity of traffic stop (probable cause / reasonable suspicion) | Stop lacked objective basis; video and testimony do not show a fog‑line crossing and the stop was pretextual/racially motivated | Officer observed at least one crossing and then a second approach/bump of the fog line; officer credible; observed violation provided probable cause | Stop was supported by probable cause under Miss. Code §63‑3‑1213; officer credible and video did not contradict testimony — stop lawful |
| Scope/length of detention and search | Detention unlawfully extended beyond traffic investigation to allow drug search | Officer smelled marijuana upon initial contact (and had consent); smell provided probable cause to search without further delay | Smell of marijuana (and consent) gave probable cause to search; detention not unreasonably prolonged |
| Validity of consent to search | Implicitly argued consent invalid or coerced by prolonging stop | Martin said “it don’t matter”; court below did not contest voluntariness | Court treated consent as valid; probable cause existed regardless |
| Habitual‑offender sentencing under Miss. Code §99‑19‑81 | Prior convictions were concurrent; thus not separate terms required for habitual status | Statute requires separate convictions/terms but not that sentences be consecutive; concurrent sentences still qualify | Concurrent prior sentences count as separate terms; sentencing as habitual offender affirmed |
Key Cases Cited
- Whren v. United States, 517 U.S. 806 (1996) (objective probable‑cause test for traffic stops; officer’s subjective intent irrelevant)
- United States v. Sokolow, 490 U.S. 1 (1989) (reasonable‑suspicion standard lower than probable cause)
- Terry v. Ohio, 392 U.S. 1 (1968) (personal‑observation reasonable‑suspicion standard for investigatory stops)
- Miranda v. Arizona, 384 U.S. 436 (1966) (Miranda warnings and custodial‑interrogation rule)
- Dies v. State, 926 So.2d 910 (Miss. 2006) (probable cause may be grounded in any of officer’s five senses; transferability of reasonable suspicion)
- Eaddy v. State, 63 So.3d 1209 (Miss. 2011) (standard of review for suppression rulings; scope of investigatory stops)
- Harrison v. State, 800 So.2d 1134 (Miss. 2001) (probable‑cause totality‑of‑circumstances test; good‑faith mistakes of law can supply probable cause)