629 S.E.2d 679 | S.C. Ct. App. | 2006
Appellant, James Rogers, was tried for and convicted of accessory before the fact of armed robbery. He appeals, asserting the trial judge erred in failing to suppress evidence of money found in the back of a police car because it was the fruit of an illegal stop. We affirm.
FACTUAL/PROCEDURAL BACKGROUND
On January 31, 2002, a man with a gun walked into Cash U.S.A., demanded money from the assistant manager of the business, and left with over $1,000. Thereafter, the Williams-burg County Grand Jury indicted Rogers, along with Cortez
At the start of the case, Rogers made a pretrial motion to suppress money evidence in this case arguing it was the result of an illegal stop. Rogers asserted the money, found in the back of a police car after he was transported in the car, was fruit of the poisonous tree because the authorities did not have probable cause to stop the vehicle in which Rogers was riding. The trial court held an in camera hearing, at which time the State presented the testimony of Sergeant Shannon Coker with the Kingstree Police Department.
Sergeant Coker testified that around 2:15 p.m. on January 31, he received a call from a confidential informant who was working with the Kingstree Police Department on various cases. He then met with the informant, who told Sergeant Coker about a robbery that was to take place that afternoon at the Cash U.S.A. on Long Street. He told the officer the individuals who would be involved in the armed robbery were James Rogers, Quantrell Wilson, Cortez Brown, and Kajuna Mitchum. The informant also stated the men were supposed to use a white Honda automobile that Rogers had been seen driving. The confidential informant told Sergeant Coker that he heal'd a conversation regarding the armed robbery that was supposed to take place, including where it would occur, the vehicle used, and the individuals involved. This discussion occurred on the afternoon before the robbery. Sergeant Coker remembered that the informant identified at least one of the co-defendants, Kajuna Mitchum, as having been involved in this conversation. Sergeant Coker testified he had used the confidential informant that provided the information about the robbery numerous times in the past, and the past information he had provided proved to be reliable.
The sergeant called his supervisor and relayed the information he had received. As he was driving the confidential informant home, a call came over the radio indicating there had been an armed robbery at the Cash U.S.A. The officer let the informant out of his vehicle and proceeded to the Pine Avenue area, where Rogers resided. While watching Rogers’ house, he observed a white Honda with four occupants pull up to a stop sign and turn right onto Pine Avenue. The officer
Rogers exited the passenger side of the vehicle and the officers instructed him to get back into the vehicle. Rogers continued to walk away from the vehicle, and the vehicle “took off,” leaving Rogers behind. Coker’s supervisor dealt with Rogers while the sergeant engaged in a vehicle pursuit of the Honda.
Based on the testimony of Sergeant Coker, the trial judge denied Rogers’ motion to suppress finding that there was reasonable suspicion, “based on sufficient facts to suspect that criminal activity was involved,” such that the authorities had a reasonable basis to stop the car.
STANDARD OF REVIEW
When reviewing a Fourth Amendment search and seizure case, the appellate standard of review is limited to determining whether any evidence supports the trial court’s ruling. State v. Missouri, 361 S.C. 107, 111, 603 S.E.2d 594, 596 (2004). The appellate court will reverse only when there is clear error. Id.
LAW/AIVTALYSIS
Rogers appeals his conviction arguing the trial judge erred in denying his motion to suppress the money found in the back seat of a police car in which he had been transported because it was tainted fruit seized as the result of an illegal stop. We disagree.
The Fourth Amendment 'guarantees “[t]he right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures.” U.S. Const, amend. IV. The stopping of a vehicle and the detention of its occupants constitute a seizure and implicate the Fourth Amendment’s prohibition against unreasonable searches and seizures. State v. Butler, 353 S.C. 383, 389, 577 S.E.2d 498, 501 (Ct.App.2003) (citing Delaware v. Prouse, 440 U.S. 648, 653-54, 99 S.Ct. 1391, 59 L.Ed.2d 660 (1979)). Our courts
“ ‘Reasonable suspicion’ requires a ‘particularized and objective basis that would lead one to suspect another of criminal activity.’ ” State v. Khingratsaiphon, 352 S.C. 62, 69, 572 S.E.2d 456, 459 (2002) (quoting United States v. Cortez, 449 U.S. 411, 418, 101 S.Ct. 690, 66 L.Ed.2d 621 (1981)). “In determining whether reasonable suspicion exists, ‘the totality of the circumstances — the whole picture — ’ must be considered.” Id. (quoting Cortez, 449 U.S. at 417, 101 S.Ct. 690); see also State v. Woodruff, 344 S.C. 537, 546, 544 S.E.2d 290, 295 (Ct.App.2001) (“The term ‘reasonable suspicion’ requires a particularized and objective basis that would lead one to suspect another of criminal activity. In determining whether reasonable suspicion exists, the whole picture must be considered.”) Reasonable suspicion is something more than an inchoate and unparticularized suspicion or hunch. State v. Butler, 343 S.C. 198, 202, 539 S.E.2d 414, 416 (Ct.App.2000). However, it is less than the level required for probable cause. Id.
Rogers contends there were insufficient indicia of reliability of the information provided by the confidential informant for the police to make an investigatory stop. Accordingly, Rogers maintains the stop was improper, and the trial judge therefore erred in allowing the introduction of any evidence as a result of the investigatory stop. We disagree.
In making his argument, Rogers relies on the case of State v. Green, 341 S.C. 214, 532 S.E.2d 896 (Ct.App.2000), which
The only information available to the officer was the statement of an unknown, unaccountable informant who neither explained how he knew about the money and narcotics, nor supplied any basis for the officer to believe he had inside information about Green. Since the telephone call was anonymous, the caller did not place his credibility at risk and could lie with impunity. Therefore, we cannot judge the credibility of the caller, and the risk of fabrication becomes unacceptable.
Green, 341 S.C. at 218, 532 S.E.2d at 898 (citations omitted).
In the case at hand, the officer received the information from a known, accountable informant whose reputation could be assessed and who explained how he knew about the planned robbery, thereby supplying a basis, outside of his already proven reliability, for Sergeant Coker to believe the confidential informant had inside information on the matter.
We further note, this case is distinguishable from Green and J.L. in that, at the time of the investigatory stop here, the officers knew that a crime had, in fact, already occurred. Here, the officers were not investigating the possibility that a crime may be occurring, but were investigating a crime that had occurred and had been independently reported.
For the foregoing reasons, Rogers’ conviction is
AFFIRMED.
. We decide this case without oral argument pursuant to Rule 215, SCACR.