67 So. 3d 811
Miss. Ct. App.2011Background
- Spurlock was convicted on Nov. 20, 2008 of possession of at least one kilogram but less than five kilograms of marijuana with intent to distribute; sentence was 15 years with 10 to serve and 5 years post-release supervision.
- Spurlock timely filed a motion for judgment notwithstanding the verdict or for a new trial, which the circuit court denied.
- Spurlock later filed a pro se petition for an out-of-time direct appeal, which the circuit court granted on Oct. 22, 2009.
- On appeal, Spurlock challenges the circuit court’s denial of his pretrial motion to suppress the marijuana obtained from a vehicle search.
- The Mississippi Court of Appeals affirmed, holding no reversible error in the denial of the suppression motion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the roadblock and subsequent vehicle search violated the Fourth Amendment | Spurlock contends the stop/search lacked probable cause or reasonable suspicion. | State asserts the stop/search were permissible under reasonable suspicion given circumstances. | Roadblock and search upheld; suppression denied; conviction affirmed. |
Key Cases Cited
- Dies v. State, 926 So.2d 910 (Miss. 2006) (establishes mixed standard of review for suppression and standards for reasonable suspicion)
- Ornelas v. United States, 517 U.S. 690 (U.S. 1996) (probable cause and reasonable suspicion standards applied de novo)
- Floyd v. State, 749 So.2d 112 (Miss. 1990) (investigative stops require some objective basis for suspicion)
- Dies v. State, 318 So.2d 873 (Miss. 1975) (safety of pursuing reasonable suspicion in drug investigations)
- Acker v. State, 797 So.2d 966 (Miss. 2001) (record sufficiency for suppression review)
- Chamberlin v. State, 989 So.2d 320 (Miss. 2008) (abuse-of-discretion standard in evidentiary rulings)
- Singletary v. State, 318 So.2d 873 (Miss. 1975) (framework for evaluating investigatory stops)