McReynolds v. State

631 So. 2d 280, 1993 Ala. Crim. App. LEXIS 1023, 1993 WL 304615
Court of Criminal Appeals of Alabama·Decided August 13, 1993·No. CR 92-725·Published·Cited by 1 cases

Opinion

BOWEN, Presiding Judge.

Daniel McReynolds, the appellant, was convicted of the unlawful possession of cocaine and of possession of marijuana in the first degree. He was sentenced to 15 years’ imprisonment as a habitual felony offender. On this direct appeal from those convictions, he contends that the information provided by a confidential informant was insufficient to provide the police with the reasonable suspicion necessary to justify the stop of the appellant’s automobile. We agree.

At the suppression hearing, Selma Police Officer Roger Goodman testified that on December 19, 1991, he received information from an informant that the appellant had received a package of crack cocaine. On December 20, the informant told Goodman that the appellant “was out making deliveries.” R. 63.

Goodman testified that he had received information from this informant on “[sjeveral occasions” in the past. R. 62. Although he did not remember “exactly how often” he had received information from this informant, Goodman testified that that information had been “reliable in every case.” R. 62.

Acting upon the information received December 20, Goodman “rode the area and spotted” the appellant. R. 63. He stated that he observed the appellant sitting inside his parked automobile “talking to another subject,” R. 64, who was “[sjtanding at the window,” R. 65. When the “other subject” saw the police, he “[tjurned and walked away ... [immediately ... [a]t a fast pace.” R. 65. Goodman testified that the appellant’s automobile “backed out on to Small [Street] and started to take off,” and it “[l]ooked like it was in a hurry.” R. 65, 66.

Goodman testified that he then turned on the blue lights of his car and stopped the appellant. He requested the appellant’s driver’s license and he observed a bowie knife on the floorboard of the appellant’s car. Goodman asked the appellant to step out of the car “[t]o get him away from that bowie knife,” and “[h]ad him place his hands on the trunk of the vehicle.” R. 72, 67. Detective Jimmy Martin then grabbed the appellant’s hand and took a gun out of the appellant’s right coat pocket. “After a little tussle,” the appellant was handcuffed. R. 68. A plastic bag containing crack cocaine and a plastic bag containing marijuana were found on the appellant.

[281] The circuit court overruled the appellant’s motion to suppress without comment or explanation.

Under the facts of this case, the stop of the appellant’s automobile was justified only if the police had a reasonable suspicion that the appellant was engaged in the unlawful possession or sale of drugs. See Ex parte Barnette, 624 So.2d 507 (Ala.1993); Ex parte Carpenter, 592 So.2d 627, 629 (Ala.1991); Ex parte Betterton, 527 So.2d 747, 749 (Ala.1988); Ex parte Yeung, 489 So.2d 1106, 1109 (Ala.1986).

“To determine whether reasonable suspicion existed for a particular stop, the totality of the circumstances, as known to the officer at the inception of the stop, must be considered.” Arnold v. State, 601 So.2d 145, 149 (Ala.Cr.App.1992) (emphasis added). See also Lamar v. State, 578 So.2d 1382, 1385-86 (Ala.Cr.App.), cert. denied, 596 So.2d 659 (1991). In this case, the only facts stated by the officer as known to him at the time he stopped the appellant’s car were that an informant known by the officer to have provided correct information on “several occasions” in the past had told the officer that the defendant had received a package of cocaine on one day and that he was out making deliveries the next.

The Alabama Supreme Court recently addressed the issue of reasonable suspicion based on an informant’s tip:

“The first question that this Court must answer is whether there was a ‘reasonable suspicion,’ based on the informant’s tip, to justify stopping [the defendant’s] car.
“The United States Supreme Court in Terry v. Ohio, 392 U.S. 1, 88 S.Ct. 1868, 20 L.Ed.2d 889 (1968), held that ‘a police officer may, in appropriate circumstances and in an appropriate manner approach a person for purposes of investigating possible criminal behavior even though there is no probable cause to make an arrest.’ 392 U.S. at 22, 88 S.Ct. at 1880. The standard for allowing a Terry stop is whether there is a reasonable suspicion that ‘the person being stopped has engaged in some type of criminal activity.’ Webb v. State, 500 So.2d 1280, 1281 (Ala.Crim.App.), cert. denied, 500 So.2d 1282 (Ala.1986).
“In Adams v. Williams, 407 U.S. 143, 92 S.Ct. 1921, 32 L.Ed.2d 612 (1972), the Supreme Court addressed the question of whether an informant’s tip created a reasonable suspicion to justify a Terry stop. In that case, an informant known to the police officer told him that an individual in a nearby automobile was carrying drugs and had a gun at his waist. The officer approached the car and asked the defendant to open his door. The defendant rolled down the window, and the officer reached inside and found a gun at the defendant’s waist. The defendant was arrested and searched pursuant to the arrest. Drugs were found on the defendant and in the car. The Supreme Court noted that the informant’s unverified tip may have been insufficient for a narcotics arrest or for a search warrant under Aguilar v. Texas, 378 U.S. 108, 84 S.Ct. 1509, 12 L.Ed.2d 723 (1964), and Spinelli v. United States, 393 U.S. 410, 89 S.Ct. 584, 21 L.Ed.2d 637 (1969), but held further that the tip from an informant known to the police officer ‘carried enough indicia of reliability to justify the officer’s forcible stop of [the defendant].’ Adams v. Williams, 407 U.S. at 147, 92 S.Ct. at 1924.
“In Illinois v. Gates, 462 U.S. 213, 103 S.Ct. 2317, 76 L.Ed.2d 527 (1983), the Supreme Court abandoned the rigid two-pronged test of Aguilar and Spinelli, in favor of a ‘totality of the circumstances’ approach in determining whether an informant’s tip creates probable cause. Under Aguilar and Spinelli, the prosecution had to prove the informant’s ‘veracity’ or ‘reliability’ and the informant’s ‘basis of knowledge.’ Under the totality-of-the-eircum-stances approach, the informant’s ‘veracity’ and ‘reliability’ and his ‘basis of knowledge’ are all relevant factors in determining whether probable cause exists. However, ‘a deficiency in one [factor] may be compensated for, in determining the overall reliability of a tip, by a strong showing as to the other [factors], or by some other indicia of reliability.’ Illinois v. Gates, 462 U.S. at 233, 103 S.Ct. at 2329.

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McReynolds v. State, 631 So. 2d 280, 1993 Ala. Crim. App. LEXIS 1023, 1993 WL 304615 (Ala. Ct. App. 1993).

631 So. 2d 280 (McReynolds v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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