175 So. 3d 574
Miss. Ct. App.2015Background
- On March 16, 2013 Officer Ryan Ainsworth followed and stopped Malcolm Cameron after observing his pickup swerve and occupy both lanes on Ford Street; dispatch had also received a report of careless driving.
- Upon contact the officer detected a strong odor of alcohol and observed bloodshot, glassy eyes; Cameron failed a preliminary breath test and displayed multiple clues on standardized field sobriety tests.
- Cameron was arrested for careless driving and DUI (first offense). In the observation room he placed a penny in his mouth, and later provided an insufficient breath sample on the Intoxilyzer 8000 (machine read “no sample given”).
- Cameron pled nolo contendere in municipal court, appealed to county court for a de novo trial (Officer Ainsworth and stop/observation videos were admitted), was reconvicted, and the conviction was affirmed by the circuit court.
- On appeal to the Court of Appeals, Cameron raised (for the first time) a Fourth Amendment challenge to the traffic stop and also argued insufficiency of the evidence for the DUI conviction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Probable cause for traffic stop (careless driving) | Cameron: stop lacked probable cause because swerve was insufficient to justify seizure | State: officer observed the vehicle veer and had dispatch report; video corroborates swerve | Court: issue procedurally barred (no suppression motion at trial) and, on merits, there was probable cause so stop was reasonable and evidence not excluded |
| Sufficiency of evidence for DUI (common-law DUI under influence) | Cameron: evidence insufficient to prove he was under the influence beyond a reasonable doubt | State: odor of alcohol, bloodshot/glassy eyes, failed PBT, SFST clues, video of driving, and refusal/insufficient breath sample support conviction | Court: evidence, viewed in the light most favorable to prosecution, was sufficient to support DUI conviction |
Key Cases Cited
- Mosley v. State, 89 So. 3d 41 (Miss. Ct. App. 2011) (Fourth Amendment protects against unreasonable traffic stops; exclusionary rule applies to evidence from unlawful seizures)
- Clack v. City of Ridgeland, 139 So. 3d 778 (Miss. Ct. App. 2014) (stop is reasonable if officer has probable cause a traffic violation occurred)
- Bush v. State, 895 So. 2d 836 (Miss. 2005) (standard for reviewing sufficiency of the evidence: whether any rational trier of fact could find guilt beyond a reasonable doubt)
- Ellis v. State, 77 So. 3d 1119 (Miss. Ct. App. 2011) (defines common-law DUI and describes proof when BAC unavailable or below legal limit)
- Lawrence v. State, 124 So. 3d 91 (Miss. Ct. App. 2013) (failure to raise Fourth Amendment challenge at trial procedurally bars appellate review)