Gonzales v. State

963 So. 2d 1138, 2007 WL 2446280
CourtMississippi Supreme Court
DecidedAugust 30, 2007
Docket2006-KA-01191-SCT
StatusPublished
Cited by21 cases

This text of 963 So. 2d 1138 (Gonzales v. State) is published on Counsel Stack Legal Research, covering Mississippi Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Gonzales v. State, 963 So. 2d 1138, 2007 WL 2446280 (Mich. 2007).

Opinion

963 So.2d 1138 (2007)

Hector Hernandez GONZALES and Juan Gonzalez-Torres
v.
STATE of Mississippi.

No. 2006-KA-01191-SCT.

Supreme Court of Mississippi.

August 30, 2007.

*1139 David G. Hill, Oxford, D. Gill Baker, attorneys for appellants.

Office of the Attorney General by John R. Henry, attorney for appellee.

Before SMITH, C.J., DICKINSON and LAMAR, JJ.

DICKINSON, Justice, for the Court.

¶ 1. A law enforcement officer stopped a vehicle which did not appear to have a tag. After obtaining consent to search the vehicle, the officer found sixty pounds of marijuana inside. Although the vehicle had no regular tag, it had a temporary tag taped to the back window in the lower-left corner. The question presented is whether the officer lacked reasonable suspicion to stop the vehicle, rendering the search improper and the evidence obtained inadmissible.

STATEMENT OF THE FACTS

¶ 2. While waiting in the median on Highway 78 near Olive Branch, Mississippi, Highway Patrol Trooper M/Sgt. Gayle McMullin observed an east-bound, blue Dodge Durango, which appeared to have no tag displayed. Trooper McMullin stopped the Durango and engaged the driver, identified as Hector Hernandez Gonzales, in a conversation concerning his travel route. Trooper McMullin noted on her initial, written report that, as she questioned Gonzales about his destination, she became suspicious because his demeanor changed. Specifically, she reported that the driver appeared "very nervous" and looked to the passenger, Juan Gonzalez Torres, when questioned about his direction of travel. Trooper McMullin was later to testify, "When I asked him which route he was going, he looked over to the passenger, like to get an idea of where to go or what to say, and by his body language and his nervousness and the odor of marijuana, I called for a canine."

¶ 3. Trooper McMullin notified Gonzales that she pulled the vehicle over because there was no tag displayed on the vehicle. Gonzales pointed out the temporary paper tag posted on the lower lefthand corner of the rear window of the vehicle. Trooper McMullin testified that she did not see the paper tag until the driver pointed it out to her and she shined her flashlight on the area. Trooper McMullin then radioed *1140 Trooper Brian Magee, the canine officer, for backup while she compared the papers Gonzales had given her with the information on the tag. By the time she finished writing out the tag citation, Trooper Magee and the canine arrived.

¶ 4. The driver, Gonzales, and passenger, Torres, consented to a vehicle search. Trooper Magee found marijuana residue and loose marijuana in the center console area of the vehicle, necessitating a further search. The canine alerted to the back rear passenger door. The vehicle was then taken to a secure location and searched further. The officers found a suitcase in the back seat which contained twenty-five bundles, or roughly sixty pounds, of marijuana.

¶ 5. In January 2005, the DeSoto County Grand Jury returned an indictment against both Gonzales and Torres for possession of a controlled substance with intent to distribute. The defense filed a motion to suppress the evidence, claiming Trooper McMullin did not have reasonable suspicion to stop the vehicle. The trial judge held a suppression hearing and took the testimony of Troopers McMullin and Brian Magee. The judge then requested that the parties brief the issue, which he narrowed to the "actual initial stop and up to the point of where the officer indicate[d] she smelled marijuana." After full briefing and a review of the pleadings, the trial judge entered an order denying the defendants' motion to suppress the evidence.

¶ 6. Thereafter, the defendants reached an agreement with the State which resulted in a stipulation of certain factual findings, and an agreement to a bench trial on a new charge of possession of a controlled substance, reserving unto the defendants the right to appeal the issue before us today.

¶ 7. The defendants proceeded to trial on the stipulation, admitting constructive possession of the marijuana. Moreover, the defendants waived their right to a jury and right of confrontation, relying instead on appellate review of the suppression hearing to overturn their convictions. On the record, the defendants' counsel noted, "our defense in this case is a technical defense, and we're simply trying to get this case out of the [t]rial [c]ourt and into the [a]ppellate [c]ourt." The trial judge, upon admitting the stipulation of facts into the record, found sufficient evidence to convict Gonzales and Torres, and sentenced them each to fifteen years in the custody of the Mississippi Department of Corrections.

¶ 8. The defendants assert two errors on appeal: (1) the trial court erred in admitting evidence uncovered after the officer's basis for pulling the vehicle over proved unfounded, therefore making the stop illegal; and (2) the trial court erred in failing to suppress all statements made prior to the defendants being Mirandized in Spanish.

ANALYSIS

¶ 9. As stated in Carney v. State:

The rule is simple. Unless the marijuana was discovered during a legal search, it may not be seized. If it was illegally seized, it may not be admitted into evidence. It is therefore important to examine the legality of the particular intrusions which enabled the police to see this marijuana to determine if these intrusions were outside the legitimate scope [of the police's authority].

Carney, 525 So.2d 776, 785 (Miss.1988). Accordingly, this Court must determine whether Trooper McMullin was justified initially in stopping the defendants.

I.

¶ 10. The defendants contend that Trooper McMullin had no "specific and *1141 articulable facts" from which a "reasonable suspicion" of a traffic offense or other crime could be gleaned to support and justify a traffic stop or a Terry stop. See Terry v. Ohio, 392 U.S. 1, 88 S.Ct. 1868, 20 L.Ed.2d 889 (1968). The standard of review for reasonable suspicion is somewhat more complicated than other standards by which this Court reviews trial court determinations. The United States Supreme Court has sought to clarify the standard by stating:

The principal components of a determination of reasonable suspicion or probable cause will be the events which occurred leading up to the stop or search, and then the decision whether these historical facts, viewed from the standpoint of an objectively reasonable police officer, amount to reasonable suspicion or to probable cause.

Ornelas v. United States, 517 U.S. 690, 696, 116 S.Ct. 1657, 134 L.Ed.2d 911 (1996). Further, the Supreme Court noted that the "first part of the analysis involves only a determination of historical facts, but the second is a mixed question of law and fact." Id. Thus, historical facts are reviewed only for clear error,[1] while determinations of reasonable suspicion are reviewed de novo. Id. at 699, 116 S.Ct. 1657; Floyd v. City of Crystal Springs, 749 So.2d 110, 113 (Miss.1999).

¶ 11. The Fourth Amendment to the United States Constitution provides that all persons shall be secure "in their persons, houses, papers, and effects, against unreasonable searches and seizures" and that "no warrants shall issue, but upon probable cause." U.S. Const., amend. IV; Michigan v. Summers,

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Cite This Page — Counsel Stack

Bluebook (online)
963 So. 2d 1138, 2007 WL 2446280, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gonzales-v-state-miss-2007.