136 So. 3d 1101
Ala. Crim. App.2013Background
- Nix pled guilty to illegal possession of methamphetamine; sentence included imprisonment, fines, and license suspension.
- Nix originally pleaded not guilty but moved to suppress evidence from a vehicle and personal searches, which the court denied.
- At suppression hearing, defense counsel stated Nix was absent; the court continued the hearing with planned later notice for Nix's presence.
- Officers stopped a vehicle for a near-collision; Dowe and Nix accompanied by no ID or owner info; marijuana was found on Dowe during a patdown.
- During a patdown of Nix, Mashburn found a knotted baggie in Nix’s coin pocket; baggie later contained methamphetamine.
- Nix argued the methamphetamine collection was fruit of an illegal search; the trial court denied suppression; Nix pled guilty reserving appeal on suppression.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was the methamphetamine seized during the patdown lawful? | Nix argues the baggie was seized illegally; no plain-feel/line of sight evidence to prove contraband. | State contends the baggie was in plain view during a lawful patdown and immediately identified as contraband. | Probable cause supported seizure; plain-view/plain-feel applied; affirmed. |
Key Cases Cited
- Abner v. State, 741 So.2d 440 (Ala.Crim.App.1998) (limits on plain bags and probable cause under Ex parte Tucker)
- Ex parte Tucker, 667 So.2d 1339 (Ala.1995) (probable cause must be grounded in totality of circumstances)
- Minnesota v. Dickerson, 508 U.S. 366 (U.S. 1993) (plain-feel doctrine requires immediate incriminating character)
- United States v. Hensley, 469 U.S. 221 (U.S. 1985) (plain-view doctrine requires lawful vantage and immediate apparent incriminating nature)
- Arizona v. Hicks, 480 U.S. 321 (U.S. 1987) (three requirements for plain-view seizure)
- Illinois v. Gates, 462 U.S. 213 (U.S. 1983) (totality of the circumstances approach to probable cause)
- Horton v. California, 496 U.S. 128 (U.S. 1990) (plain-view knowledge requires incriminating nature to be immediately apparent)
- Sheridan v. State, 591 So.2d 129 (Ala.Cr. App.1991) (probable cause determination on narcotics evidence)