Clarence Wydell Hynes v. State of Mississippi

151 So. 3d 1063, 2014 Miss. App. LEXIS 692, 2014 WL 6756266
CourtCourt of Appeals of Mississippi
DecidedDecember 2, 2014
Docket2013-KA-01428-COA
StatusPublished
Cited by1 cases

This text of 151 So. 3d 1063 (Clarence Wydell Hynes v. State of Mississippi) is published on Counsel Stack Legal Research, covering Court of Appeals of Mississippi primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Clarence Wydell Hynes v. State of Mississippi, 151 So. 3d 1063, 2014 Miss. App. LEXIS 692, 2014 WL 6756266 (Mich. Ct. App. 2014).

Opinion

JAMES, J.,

for the Court:

¶ 1. After a jury trial, Clarence Wydell Hynes was convicted of possession of at least .1 gram but less than 2 grams of methamphetamine. Because of a prior conviction of possession of methamphetamine, Hynes was sentenced as a second offender to ten years in the custody of the Mississippi Department of Corrections. Hynes filed a motion for a new trial, and the trial court denied the motion. Hynes raises the following issues: (1) whether the trial court erred in admitting into evidence the search of Hynes’s person, and (2) whether the trial court erred in admitting Hynes’s confession into evidence. Finding no error, we affirm.

FACTS

¶ 2. On November 10, 2011, Hynes was with his friend, Ryan Jackson, at the intersection of VFW Road and a dirt road. Deputy Sheriff Joey Rigby and Jeff Pitts, an agent with the narcotics task force with the Scott County Sheriffs Department, were driving in separate vehicles down VFW Road when they saw Jackson and Hynes. Deputy Rigby testified that he saw Hynes and Jackson duck behind a car. Deputy Rigby turned around and observed a red Ford traveling at a high rate of speed. Agent Pitts stopped his vehicle at the dirt road and stayed with Jackson. Deputy Rigby stopped Hynes’s car and was told by Hynes that his license was suspended. Deputy Rigby conducted a pat down of Hynes and felt a lump in Hynes’s pocket. Deputy Rigby reached inside the pocket and pulled out a pill bottle, which contained what he suspected *1065 to be a controlled substance. Hynes was then handcuffed and Deputy Rigby continued to pat Hynes down. After testing, it was determined that the substance found in Hynes’s pocket was methamphetamine.

¶ B. Hynes told Deputy Rigby that he had a problem with drugs and bought the drugs from someone named “Brusha.” Deputy Rigby testified that Hynes volunteered information about where he bought the drugs. Further, Deputy Rigby did not question Hynes. Leonard Harrison, a narcotics investigator with the sheriffs department, testified' that Hynes was read his rights and that Hynes appeared to have understood those rights. Investigator Harrison also testified that while Hynes was in custody, he never asked for an attorney and gave a written, signed statement.

¶ 4. The suppression hearing was held immediately prior to trial. Hynes argued that Deputy Rigby should have obtained a search warrant before searching his person. As a result, the search that produced the contraband was illegal and the evidence should not be admitted. The trial court overruled Hynes’s objection and the evidence was admitted.

¶ 5. At trial, Jackson testified that when Hynes saw the police, he got into his car and left, but was not speeding. Jackson also testified that he did not see Hynes smoke methamphetamine. Hynes declined to testify in his defense. At the close of all the evidence, Hynes made a motion to dismiss and renewed his motion to suppress the evidence from the pill bottle, which the trial court denied.

¶ 6. Hynes filed a motion for a new trial, and the trial court denied the motion. Hynes appeals.

STANDARD OF REVIEW

¶ 7. The Mississippi Supreme Court has held that “[a]dmission or exclusion of evidence will be [re]viewed on an abuse of discretion standard.” Hargett v. State, 62 So.3d 950, 952 (¶ 7) (Miss.2011). Further, “[a] trial judge enjoys a great deal of discretion as to the relevancy and admissibility of evidence. Unless the judge abuses this discretion so as to be prejudicial to the accused, the Court will not reverse this ruling.” Id. at 952-53 (¶7).

¶ 8. The denial of a motion for a new trial will be reversed only when a verdict is so “contrary to the overwhelming weight of the evidence that to allow it to stand would sanction an unconscionable injustice.” Pritchett v. State, 134 So.3d 857, 859 (¶ 5) (Miss.Ct.App.2014). Also, the evidence is viewed in light most favorable to the verdict. Id.

DISCUSSION

I. Whether the trial court erred in admitting into evidence the search of Hynes’s person.

¶ 9. Hynes argues that the State incorrectly applied the “plain feel” doctrine, and that it was not possible to determine from the pat-down that Hynes’s pocket contained any contraband. Hynes also relies on Anderson v. State, 16 So.3d 756 (Miss.Ct.App.2009), to support his argument. In Anderson, Deputy Truett conducted a pat down search for weapons on Anderson. Id. at 758 (¶ 4). Deputy Truett felt a pill bottle in Anderson’s pocket, and he removed the pill bottle, opened the container, and discovered the methamphetamine. Id. Anderson was arrested and charged with possession of methamphetamine. Id. This Court held that there was no probable cause to suspect that the pill bottle contained a controlled substance. Id. at 762 (¶ 15). The Court also stated “a pill bottle, in and of itself, is not contra *1066 band. It is not illegal to have a pill bottle, and there was no evidence presented that pill bottles typically contain contraband.” Id. at (¶ 16).

¶ 10. An individual has the right to be free from unreasonable searches and seizures. Eaddy v. State, 63 So.3d 1209, 1213 (¶ 12) (Miss.2011). This right is granted by the Fourth Amendment of the United States Constitution and Article 3, Section 23 of the Mississippi Constitution. Id. In order to determine the reasonableness of a search and seizure, the Court employs a two-prong test: “(1) whether the officer’s action was justified at its inception, and (2) whether it was reasonably related in scope to the circumstances which justified the interference in the first place.” Id. Both the State and Federal Constitutions forbid warrantless searches unless an exception is applicable. Id. “Unless the State proves that a warrantless search comes within an exception, all evidence seized from the search is inadmissible.” Id.

¶ 11. During the suppression hearing, Deputy Rigby testified that he stopped Hynes because he was speeding. “Police officers may detain a person for a brief investigatory stop consistent with the Fourth Amendment when officers have reasonable suspicion[,] grounded in specific and articulable faets[,] that allows the officers to conclude the suspect is wanted in connection with criminal behavior.” Lawrence v. State, 124 So.3d 91, 95 (¶ 11) (Miss.Ct.App.2013).

¶ 12. Under Whren v. United States, 517 U.S. 806, 116 S.Ct. 1769, 135 L.Ed.2d 89 (1996), the United States Supreme Court held that “[s]ubjective intentions play no role in ordinary, probable-cause Fourth Amendment analysis.” Id. at 813, 116 S.Ct. 1769. In other words, the reasoning behind the original traffic stop does not matter as long as the officer objectively believed that a traffic violation occurred. Here, Deputy Rigby thought that Hynes was speeding; therefore, he had probable cause to initiate a traffic stop.

¶ 13.

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151 So. 3d 1063, 2014 Miss. App. LEXIS 692, 2014 WL 6756266, Counsel Stack Legal Research, https://law.counselstack.com/opinion/clarence-wydell-hynes-v-state-of-mississippi-missctapp-2014.