Kirkland v. State

916 So. 2d 537, 2005 Miss. App. LEXIS 1022, 2005 WL 3372763
CourtCourt of Appeals of Mississippi
DecidedDecember 13, 2005
DocketNo. 2004-KA-00572-COA
StatusPublished
Cited by1 cases

This text of 916 So. 2d 537 (Kirkland v. State) 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
Kirkland v. State, 916 So. 2d 537, 2005 Miss. App. LEXIS 1022, 2005 WL 3372763 (Mich. Ct. App. 2005).

Opinion

IRVING, J.,

for the Court.

¶ 1. After a jury trial, Steven Kirkland was found guilty of possession of a schedule II controlled substance, methamphetamine, and was sentenced to seven years in the custody of the Mississippi Department of Corrections. Aggrieved, he appeals his conviction and asserts the following: (1) the court erred in finding that probable cause existed for the search warrant that led to Kirkland’s arrest, and (2) [539]*539the court erred in overruling Kirkland’s objection to the introduction of the methamphetamine into evidence.

¶ 2. Finding no error, we affirm.

FACTS

¶ 3. After receiving notice of potential illegal drug activity from management at the Western Motel in Philadelphia, Mississippi, police set up surveillance of room 125 at the motel. The room was rented by Chrystal McCrory, and was occupied by Kirkland and his girlfriend when a search warrant for the room was executed. Before obtaining the search warrant, law enforcement officers spent several hours conducting surveillance on the room. During that time, police observed suspicious activity, and eventually believed they had probable cause for a search warrant. After obtaining a warrant, police searched the room and found several incriminating items, namely methamphetamine and precursor material necessary for the manufacture of methamphetamine. The methamphetamine was found in the pocket of Kirkland’s pants, which were lying on the floor next to the bed he was lying on.

¶ 4. As a result of the search, Kirkland was charged with possession of methamphetamine and possession of precursor chemicals with intent to manufacture methamphetamine. At trial, he objected to both the search warrant and the entry of the methamphetamine into evidence. The court conducted a suppression hearing outside the presence of the jury, and ultimately found that there was probable cause for the search warrant, and the methamphetamine could be introduced into evidence. After deliberating for several hours, the jury returned a verdict of guilty as to the possession of methamphetamine, but was deadlocked on the second count. The judge granted a mistrial on the second count and sentenced Kirkland to seven years for possession of methamphetamine.

¶ 5. Additional facts follow as necessary below.

ANALYSIS AND DISCUSSION OF THE ISSUES

(1) Probable cause

¶ 6. In his first point of error, Kirkland claims that the search warrant lacked probable cause, because there were numerous unnamed individuals whose information was relied on in the affidavit used to issue the warrant. Kirkland also claims that the affidavit “fails” the probable cause test used in Illinois v. Gates, 462 U.S. 213, 103 S.Ct. 2317, 76 L.Ed.2d 527 (1983), because: “(1) the only information presented to the magistrate was that contained in the affidavit (2) because there was no basis for some of it, and (3) other information in the affidavit was conveyed by persons not identified in the affidavit.” On the basis of this argument, Kirkland urges us to find that the warrant was not valid as issued, which would then invalidate the methamphetamine evidence itself as “fruit of the search.”

¶ 7. Illinois sets out a totality of the circumstances test for probable cause, which was endorsed by the Mississippi Supreme Court in Lee v. State, 435 So.2d 674, 676 (Miss.1983). Under that test, the “task of the issuing magistrate is simply to make a practical, common-sense decision, whether, given all the circumstances set forth in the affidavit before him, including the ‘veracity’ and ‘basis of knowledge’ of persons supplying hearsay information, there is a fair probability that contraband or evidence of a crime will be found in a particular place.” Id. (quoting Illinois, 462 U.S. at 238, 103 S.Ct. at 2332).- When reviewing the decision of a lower court to issue a search warrant, “the duty of a [540]*540reviewing court is simply to ensure that the magistrate had a ‘substantial basis for ... concluding]’ that probable cause existed.Id. (quoting Illinois, 462 U.S. at 238,103 S.Ct. at 2332).

¶ 8. After reviewing all the evidence before us, we find that probable cause existed in this case. The primary agent in the case, Don Bartlett, submitted six pages of affidavit showing probable cause for the issuance of a warrant. Bartlett described his education and experience, the events leading to surveillance of room 125, and the observations of law enforcement officers during their surveillance. After reviewing all the given information, the issuing judge ruled that there was probable cause for the search warrant.

¶ 9. When describing his education and experience, Bartlett swore that: (1) he is a member of the Tri-County Narcotics Task Force; (2) he holds several degrees in criminal justice; (3) he served in the army for four years; (4) he had received training in basic police work and specific training in narcotics investigation; (5) he had served as an agent with the Mississippi Bureau of Narcotics for around two years; (6) he “regularly conducted surveillance, wrote investigative reports, made arrests,, conducted searches and seizures, testified in court and worked in close cooperation with local law enforcement”; (7) he had “participated in Federal and State Title III wiretap investigations and other covert investigations which have given me much experience and knowledge regarding the modus operandi of drug traffickers”; and (8) he had “conducted numerous Methamphetamine investigations and have been successful in apprehending those individuals responsible for the manufacture and distribution of Methamphetamine.... Your affiant has become ultimately familiar with the modus operandi of Methamphetamine users, manufacturers and distributors.”

¶ 10. Bartlett then went on to describe the specific events and circumstances that led to law enforcement observation of the motel room in question: (1) management at the Western Motel had complained to law enforcement about McCrory, who had previously rented rooms at the motel; (2) the management had specifically complained that a high volume of traffic went in and out of McCrory’s room whenever she rented; (3) law enforcement then received a tip that McCrory and others were manufacturing methamphetamine in the motel room; and (4) after the tip, law enforcement set up observation of room 125, which McCrory was currently renting.

¶ 11.

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Related

Magee v. State
73 So. 3d 1183 (Court of Appeals of Mississippi, 2011)

Cite This Page — Counsel Stack

Bluebook (online)
916 So. 2d 537, 2005 Miss. App. LEXIS 1022, 2005 WL 3372763, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kirkland-v-state-missctapp-2005.