Butler v. Commonwealth

367 S.W.3d 609, 2012 WL 1758103, 2012 Ky. App. LEXIS 73
CourtCourt of Appeals of Kentucky
DecidedMay 18, 2012
DocketNo. 2010-CA-001578-MR
StatusPublished
Cited by17 cases

This text of 367 S.W.3d 609 (Butler v. Commonwealth) is published on Counsel Stack Legal Research, covering Court of Appeals of Kentucky primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Butler v. Commonwealth, 367 S.W.3d 609, 2012 WL 1758103, 2012 Ky. App. LEXIS 73 (Ky. Ct. App. 2012).

Opinion

OPINION

CLAYTON, Judge:

Jermaine Butler appeals from the July 22, 2010, judgment of conviction and sentence of the Jefferson Circuit Court which found him guilty of one count of trafficking in a controlled substance and sentenced him to seven and one-half years of incarceration. Appellant challenges the introduction of certain evidence at trial, a jury admonition, and the trial court’s imposition of conditional court costs and fees. We affirm in part, vacate in part, and remand.

On December 10, 2008, Louisville Metro Police Department Detectives Brett Han-kinson and Vic Szydloski were situated in the parking lot of an apartment complex when they observed a Nissan Altima pull into the parking lot. Three male passengers exited the vehicle, entered a second floor apartment, and shortly thereafter returned to the vehicle and left. The detectives followed the vehicle and initiated a traffic stop after observing that the driver was not wearing a seatbelt and had failed to use his turn signal.

Detective Hankinson testified that he approached the vehicle on the passenger side and observed the back-seat passenger, Thomas Jones, quickly conceal something in the pocket of his overalls. He asked Jones to exit the vehicle and then asked him if he had anything illegal, to which Jones replied “yes.” After inquiring whether it was crack cocaine, to which Jones again answered “yes,” Detective Hankinson asked Jones to give him what he had concealed. Jones then gave Detective Hankinson a bag containing twenty individually wrapped bags of crack cocaine.

Detective Hankinson then turned his attention to Appellant, who had been riding in the front passenger seat, and had exited the vehicle at the request of Detective Hankinson. Detective Hankinson asked Appellant if he had anything illegal on him, to which Appellant responded “yes.” Detective Hankinson next asked Appellant to hand over what he had, and Appellant then handed the detective two large bags containing a total of thirty-one individually wrapped bags of crack cocaine. Appellant was then cited and given a court date.

On April 8, 2009, Appellant was indicted for trafficking in a controlled substance in the first degree. A trial was held from June 8, 2009, through June 10, 2009. Pri- or to the start of trial, Appellant moved for the suppression of his interaction with Detective Hankinson and the evidence discovered as a result thereof. In support of this motion, Appellant argued that he had been subjected to a custodial interrogation without having first been given mandatory warnings pursuant to Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966). The motion was denied.

Also prior to the start of trial, Appellant challenged the use of any testimony categorizing the apartment complex, which Detectives Hankinson and Szydloski were initially observing, as a high narcotics and crime area. Although the trial court noted a concern that such testimony may be prejudicial, it reserved judgment on the issue until it arose at trial. The next day, the Appellant again raised the issue and the trial court adjudged the testimony to be inadmissible as overly prejudicial.

During trial, Detective Szydlowski began to testify that the area in which he and Detective Hankinson were located was known to be a high narcotics area. Appellant immediately moved for a mistrial, arguing that the testimony was prejudicial. After a brief recess, the trial court denied Appellant’s motion for a mistrial, noting that it was exercising its discretion in so doing. At the request of the defense counsel the judge issued an admonition to the [613]*613jury regarding the contested testimony. The jury was instructed to avoid drawing inferences from the testimony or using it to infer guilt upon the Appellant.

The jury found Appellant guilty of trafficking in a controlled substance in the first degree and assigned a sentence of seven and one-half years incarceration. The trial court’s judgment of conviction and sentence was entered on July 22, 2010, in which the trial court sentenced Appellant in accordance with the jury’s recommendation. The trial court further ordered that, should Appellant be released from custody for any reason, that he be required to pay court costs in the amount of $130 and a felony conviction fee of $1,000. This appeal followed.

Appellant’s first argument to this Court is that the trial court erred when it failed to suppress the evidence of his interactions with Detective Hankinson, including the crack cocaine which was discovered. Appellant reiterates his argument that he was subjected to a custodial interrogation without having first been given his Miranda warnings. When reviewing a trial court’s disposition of a suppression motion, we review factual findings for clear error and conclusions of law de novo. Jackson v. Commonwealth, 187 S.W.3d 300 (Ky.2006).

A custodial interrogation has been defined as “questioning initiated by law enforcement officers after a person has been taken into custody or otherwise deprived of his freedom of action in any significant way.” Miranda, 384 U.S. at 444, 86 S.Ct. at 1612 (Footnote omitted). Prior to subjecting a suspect to custodial interrogation, police officers are required to advise the suspect of his or her rights against self-incrimination and representation by an attorney. Id. at 440, 86 S.Ct. 1602. “An officer with probable cause to believe that a traffic violation has occurred may stop the suspected vehicle.” Greene v. Commonwealth, 244 S.W.3d 128, 133 (Ky.App.2008) (Citations omitted). In general, ordinary traffic stops do not invoke the requirements of Miranda. Id. at 135. Furthermore, police officers are authorized to order passengers to exit a vehicle while a minor traffic stop is completed. Owens v. Commonwealth, 291 S.W.3d 704, 708 (Ky.2009) (Footnote omitted). Such authorization is justified, in part, as an attempt at minimizing the risk of assault an officer may face by a person seated in an automobile. See, e.g., Pennsylvania v. Mimms, 434 U.S. 106, 111, n. 6, 98 S.Ct. 330, 333, 54 L.Ed.2d 331 (1977).

Appellant does not challenge the validity of the initial traffic stop. Instead, he argues that the stop in question was not an ordinary traffic stop, but instead developed into a custodial interrogation. Appellant maintains that this argument is evinced by several factors: Appellant was within sight of his home but was not free to leave; and it was unclear whether Appellant was removed from the vehicle by Detective Han-kinson, as opposed to exiting the vehicle on his own accord. Detective Hankinson testified at trial that Appellant was not free to leave.

Although an officer may detain a vehicle and its occupants in order to conduct an ordinary traffic stop, “any subsequent detention ... must not be excessively intrusive in that the officer’s actions must be reasonably related in scope to circumstances justifying the initial interference.” U.S. v. Davis, 430 F.3d 345, 353 (6th Cir.2005) (Citation omitted).

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Bluebook (online)
367 S.W.3d 609, 2012 WL 1758103, 2012 Ky. App. LEXIS 73, Counsel Stack Legal Research, https://law.counselstack.com/opinion/butler-v-commonwealth-kyctapp-2012.