339 So.3d 191
Miss. Ct. App.2022Background
- Mississippi Highway Patrol set up a Highway 80 checkpoint to check licenses/insurance; troopers testified the general practice was to stop all vehicles unless traffic required otherwise.
- Trooper Holifield smelled burnt marijuana as Borsi rolled down his window at the checkpoint; Borsi admitted to smoking marijuana about two hours earlier; a partially burned cigarette was later recovered from the car.
- Trooper Williams administered field sobriety tests which Borsi failed; Borsi consented to a urine test about 30 minutes after the stop; laboratory testing detected 11-nor-9-carboxy-Delta‑9‑THC (a THC metabolite).
- At a bench trial Borsi was convicted under Miss. Code Ann. § 63‑11‑30(1)(c) (driving while under the influence of a controlled substance); sentence included fines, short jail term, driver’s‑license suspension, treatment/probation, and MASEP.
- Borsi appealed raising Fourth Amendment, Miranda, evidentiary, and sufficiency arguments; the circuit court affirmed the conviction but assessed an $85 circuit‑court transfer fee that Borsi challenged.
- Court of Appeals affirmed the DUI conviction (finding no Fourth Amendment or Miranda violation and sufficient evidence of being “under the influence”) but reversed and rendered on the $85 transfer fee charge.
Issues
| Issue | Plaintiff's Argument (Borsi) | Defendant's Argument (State) | Held |
|---|---|---|---|
| Legality of roadblock / Fourth Amendment | Stop was unregulated; no probable cause or reasonable suspicion so seizure/searches/statements unlawful | Roadblock was authorized, for license/insurance checks, applied uniformly and minimally intrusive | Roadblock lawful; no Fourth Amendment violation; decision affirmed |
| Miranda warnings | Incriminating statements were elicited during custodial interrogation without Miranda | Initial on‑scene questioning was noncustodial; Miranda not required for investigatory questioning at checkpoint | No Miranda violation: Borsi’s admission occurred during noncustodial on‑scene questioning; decision affirmed |
| Admissibility of officer lay opinion & sufficiency (THC metabolite) | Troopers’ lay opinions and urine metabolite do not prove impairment or being "under the influence" beyond a reasonable doubt; tests don’t show timing/degree | Officers may testify to observations; lab confirmed THC metabolite and partially smoked marijuana found; court may infer being under the influence from combined evidence | Lay opinion and lab evidence admissible; judge reasonably found Borsi was "under the influence" even if exact timing/level of impairment not pinpointed; conviction affirmed |
| $85 circuit clerk transfer fee | Fee was improperly charged when appealing county‑court judgment to circuit court (duplicative/unallowed) | Circuit court denied relief | Fee charge on that appeal is prohibited under Staples; circuit court reversed and judgment rendered for Borsi on the $85 fee |
Key Cases Cited
- McLendon v. State, 945 So. 2d 372 (Miss. 2006) (roadblock constitutionality and balancing test supporting checkpoint stops)
- Beal v. State, 958 So. 2d 254 (Miss. Ct. App. 2007) (finding evidence—smell of marijuana, admission, bloodshot/glassy eyes—sufficient to show defendant was under the influence)
- Greenlee v. State, 725 So. 2d 816 (Miss. 1998) (Miranda applies only to custodial interrogation; on‑scene voluntary statements do not automatically trigger Miranda)
- In re Wilder, 347 So. 2d 520 (Miss. 1977) (Miranda warnings required only when person is in custody or significantly deprived of freedom)
- Graves v. State, 761 So. 2d 950 (Miss. Ct. App. 2000) (police officer may give lay opinion testimony about HGN and observations to support probable cause)
- Christian v. State, 859 So. 2d 1068 (Miss. Ct. App. 2003) (officers may testify to observations and ultimate issue opinions under Rules 701 and 704 without expert qualification)
- Staples v. Blue Cross & Blue Shield of Miss., 585 So. 2d 747 (Miss. 1991) (circuit clerks cannot charge fees not authorized by statute; fee practices must align with statutory schedule)