Jackson v. State

374 S.W.3d 857, 2010 Ark. App. 359, 2010 Ark. App. LEXIS 368
CourtCourt of Appeals of Arkansas
DecidedApril 28, 2010
DocketNo. CA CR 09-881
StatusPublished
Cited by3 cases

This text of 374 S.W.3d 857 (Jackson v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Jackson v. State, 374 S.W.3d 857, 2010 Ark. App. 359, 2010 Ark. App. LEXIS 368 (Ark. Ct. App. 2010).

Opinions

ROBERT J. GLADWIN, Judge.

| Appellant Derric Jackson appeals his conviction from the Pulaski County Circuit Court on a charge of possession of cocaine with intent to deliver, in violation of Arkansas Code Annotated section 5-64-401 (Repl.2005), a Class Y felony for which he was sentenced, as an habitual offender, to ten years’ imprisonment in the Arkansas Department of Correction. On appeal, he argues that the circuit court erred by denying his motion to suppress evidence ob-tamed through an unlawful search and seizure and also that the circuit court abused its discretion by admitting the evidence over his chain-of-custody objection. We affirm.

Facts

On July 26, 2007, the Street Narcotics Detail of the Little Rock Police Department received an anonymous complaint that narcotics were being sold in the 2300 block of West 11th Street. The complaint indicated that an African-American male named Corey Jackson |2or Johnson had been released from prison and that he had been shot a couple of months ago during the execution of a search warrant. Further, the complaint suggested that several males were hanging around the Dennison and Thayer streets area and that people were afraid of them. The source of the complaint also stated that the suspects had been searched the previous week and had drugs hidden in “the cracks of their butts” and guns concealed under the hood of a car.

Detective Ryan Hudson and other officers initiated an undercover investigation pursuant to the complaint. Subsequently, several officers went to the area on August 28, 2007, and observed multiple suspects, including appellant, blocking the street in a manner that was consistent with the complaint. The undercover officers called in additional officers in marked patrol cars for reinforcement, rounded up the suspects, questioned them, and patted them down for weapons.

One of the suspects that was separated from the others, searched, and interviewed was an individual named Corey Jackson. He responded in the negative when he was asked whether he had drugs on him, and specifically, if he had them concealed in his buttocks area. Officers asked Jackson whether he minded if they checked; he said no; and he was searched with no drugs found. Evidence was presented that Jackson told detectives that Duron Canada and appellant both had dope in “the cracks of their butts.”

Officers returned to talk to Canada and appellant, who previously had been placed in a patrol car, and both stated that they did not have dope on them and had already been checked. Officers specifically asked if they had dope in their buttocks, and they both |sresponded “no.” Testimony from officers indicate that they asked for, and received, verbal consent to search their persons, but appellant disputes this assertion. Officers then pulled patrol cars around the two suspects, opened the doors to block the view of bystanders, and searched them again. There is conflicting evidence as to whether appellant was searched two or three more times, but ultimately, officers discovered and retrieved one gram of crack cocaine from Canada’s buttocks area and fifteen grams from appellant’s buttocks area. Five hundred and fifty four dollars was also discovered on appellant’s person during the search, and the money was also seized.

A felony information was filed on November 15, 2007, charging appellant1 with one count of possession of a controlled substance with intent to deliver, in violation of Arkansas Code Annotated section 5-64-401, subject to an habitual offender sentence enhancement pursuant to Arkansas Code Annotated section 5-4 — 501(b) (Repl.2006) for four or more prior felony convictions.

Prior to trial, on March 20, 2008, appellant filed a motion to suppress all the evidence obtained through the search, based upon violation of federal rights. A hearing on the motion was held on April 28, 2008, at which time appellant argued that the search was an improper body-cavity search and that officers did not have reasonable suspicion to further detain him after they ran warrant checks and did a pat-down search, and that he did not freely and voluntarily consent to the search. After the hearing, the circuit court took the matter under |4advisement. That motion was denied by the circuit court, pursuant to a letter order filed on May 5, 2008.

An amended motion to suppress was filed by substituted counsel on March 4, 2009, adopting and re-alleging the previous motion and adding alleged violations of the Arkansas Constitution and Rule 12.3 (2008) of the Arkansas Rules of Criminal Procedure. On March 27, 2009, just prior to trial, the circuit court heard arguments on the amended motion to suppress. The amended motion was denied, and the parties proceed with trial.

Testifying for the State was Detective Hudson, followed by Christy Williford. Ms. Williford is a forensic chemist for the Arkansas State Crime Laboratory, and she analyzed the substance sent in by Detective Hudson on this case. Ms. Williford testified that she received a tied blue glove that contained a plastic bag containing four plastic bags, and each one of those bags contained an off-white, rock-like substance that eventually tested to be 6.7850 grams of crack cocaine.

At that time, defense counsel objected, arguing that there was a “substantial break in custody,” regarding the discrepancy in Detective Hudson testifying to retrieving fifteen grams and Ms. Williford testifying that she analyzed 6.7850 grams. The circuit court initially denied the admission of State’s Exhibit No. 1, the package containing the contraband taken from appellant, based upon appellant’s objection. The State then recalled Detective Hudson, who provided more testimony about the chain of custody regarding the seized evidence, and specifically that he placed the plastic bag into a blue police glove and weighed the entire thing versus Ms. Williford separating it all out and weighing without the packaging and the glove. | r,Defense counsel renewed its objection, but the circuit court found that Detective Hudson had sufficiently explained the discrepancy to allow the admission of the exhibit.

After the State rested, defense counsel moved to dismiss the charge, and the circuit court denied the motion. Defense counsel also renewed the motion to suppress based on the alleged unreasonable search and seizure and lack of consent, and the State stood on its original argument that consent had been obtained prior to the search. Acknowledging that he had not been privy to the original hearing on the motion to suppress,2 the circuit court nevertheless denied the renewed motion to suppress.

Appellant then testified on his own behalf, denying that he had given consent to search, maintaining that he had been detained by officers for approximately thirty minutes, and alleging that officers had strip searched him and performed a body-cavity search of him in open view. Longtime friend of appellant, Monica Foster, testified that she was across the street during the incident between officers and appellant and corroborated his version of the events. She testified that the entire incident lasted approximately forty minutes.

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2015 Ark. App. 626 (Court of Appeals of Arkansas, 2015)
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380 S.W.3d 519 (Court of Appeals of Arkansas, 2011)

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Bluebook (online)
374 S.W.3d 857, 2010 Ark. App. 359, 2010 Ark. App. LEXIS 368, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jackson-v-state-arkctapp-2010.