89 So. 3d 41
Miss. Ct. App.2011Background
- Mosley was convicted by a Choctaw County jury of possession of marijuana and cocaine after a traffic stop of a Tahoe in which marijuana and a gun were found.
- Officers stopped the Tahoe for alleged nonfunctional brake lights and turn signals; Mosley was a passenger and admitted marijuana was inside a baggie box in the vehicle.
- The MBN agent observed marijuana in plain sight during the stop and Mosley admitted there was more marijuana and a gun in the Tahoe.
- A search of the vehicle yielded marijuana, crack cocaine, and a Colt pistol; Mosley and his girlfriend were arrested, with the girlfriend later released from citations.
- Mosley moved to suppress the drugs and gun; the circuit court denied the motion, finding probable cause for the stop and a lawful search.
- At trial, the court gave a constructive-possession instruction (C-2); Mosley requested D-1 and D-4, which were refused; the jury convicted on marijuana and cocaine counts but not the firearm count.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the stop and ensuing search complied with the Fourth Amendment | Mosley contends the stop was pretextual and unlawful. | State asserts probable cause existed for the traffic violation and the search was permissible. | Stop/search reasonable; no Fourth Amendment violation. |
| Whether the circuit court properly instructed on constructive possession | Mosley argues D-1 and D-4 should have been given in addition to C-2. | C-2 adequately states the law of constructive possession; D-1 and D-4 were not needed. | Refusal of D-1 and D-4 not reversible; C-2 fairly announced the law. |
| Whether the evidence was sufficient and the verdict warranted a new trial on weight | The evidence was insufficient or outweighed; conviction should be reversed. | Evidence supported conviction beyond a reasonable doubt; no weight-based reversal warranted. | Evidence sufficient to convict; no weight-based reversal. |
Key Cases Cited
- McCollins v. State, 798 So.2d 624 (Miss. Ct. App. 2001) (plain-view and arrest permit search of vehicle)
- Curry v. State, 249 So.2d 414 (Miss. 1971) (constructive possession elements; dominion/control)
- Powell v. State, 355 So.2d 1378 (Miss. 1978) (premises-not-exclusive rule; required incriminating evidence)
- Brendlin v. California, 551 U.S. 249 (U.S. 2007) (passenger seizure during traffic stop; stop authority)
- Whren v. United States, 517 U.S. 806 (U.S. 1996) (probable cause-based traffic-stop standard; objective test)
- Adams v. City of Booneville, 910 So.2d 720 (Miss. Ct. App. 2005) (objective reasonable suspicion for careless driving)
- Bates v. State, 952 So.2d 320 (Miss. Ct. App. 2007) (constructive-possession instruction sufficiency not required by itself)
- Smith v. State, 839 So.2d 489 (Miss. 2003) (constructive possession requires dominion and awareness)