Melton v. State

950 So. 2d 1067, 2007 Miss. App. LEXIS 121, 2007 WL 656574
CourtCourt of Appeals of Mississippi
DecidedMarch 6, 2007
DocketNo. 2006-KA-00008-COA
StatusPublished
Cited by1 cases

This text of 950 So. 2d 1067 (Melton 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
Melton v. State, 950 So. 2d 1067, 2007 Miss. App. LEXIS 121, 2007 WL 656574 (Mich. Ct. App. 2007).

Opinion

CARLTON, J.,

for the Court.

¶ 1. Danny Melton was convicted by a Lincoln County Circuit Court jury for multiple crimes relating to methamphetamine. On appeal, he contests the validity of a search of his premises. Finding no error, we affirm.

FACTS

¶ 2. On February 15, 2005, approximately six sheriffs deputies were involved in an undercover purchase of drugs from Melton’s neighbor, Jeff Wilson. A few minutes passed between the actual purchase and the arrival of the deputies. Upon arrival the deputies could not locate the marked purchase money. A search of the area included Melton’s adjacent yard. A few items that were commonly used in the manufacture and use of methamphetamine were located on Melton’s property. A search warrant was obtained and more incriminating items were found on Melton’s property which led to his arrest and indictment. The details of how the items were located that led to a search warrant are the subject of this appeal and are discussed below.

¶ 3. A grand jury returned a four count indictment against Melton for the unlawful possession of precursor chemicals with intent to manufacture methamphetamine, unlawful manufacture of methamphetamine, unlawful possession of less than one tenth of a gram of methamphetamine with intent to distribute, and conspiracy to manufacture methamphetamine.

¶ 4. A Lincoln County jury convicted Melton for the crimes of possession of precursor chemicals to manufacture methamphetamine, manufacturing methamphetamine, and possession of methamphetamine with intent to distribute. Melton’s appeal has been deflected to this Court.

DISCUSSION

¶ 5. Both of Melton’s arguments on appeal relate to the suppression of evidence and involve an alleged violation of his Fourth Amendment rights. Both the Fourth Amendment to the United States Constitution and Article 3, Section 23 of the Mississippi Constitution protect citizens from unreasonable searches and seizures. Our analysis is guided under a mixed standard of review in that “determinations of reasonable suspicion and probable cause should be reviewed de novo.” Dies v. State, 926 So.2d 910, 917 (Miss.2006) (citing Ornelas v. United States, 517 U.S. 690, 699, 116 S.Ct. 1657, 134 L.Ed.2d 911 (1996) (other citation omitted)). We recognize however that we are “restricted to a de novo review of the trial judge’s decision based on historical facts reviewed under the substantial evidence and clearly erroneous standards.” Dies, 926 So.2d at 918 (citation omitted).

[1070]*1070 1. Legality of Detention

¶ 6. Melton argues that he was illegally detained leading up to the search of his yard. He argues that law enforcement had no grounds for detaining him because the investigation concerned Melton’s neighbor and there was no evidence that Melton was involved in any criminal behavior with his neighbor.

¶ 7. Melton testified that he pulled into his driveway, his fiancé pulled in behind him, and then the Lincoln County Sheriff and a few people with the sheriff pulled into Melton’s driveway. Deputy Barefield was the only witness to testify at the suppression hearing. The deputy testified that when he approached Melton, the sheriff was already speaking with Melton. Melton stated that the sheriff informed him that the deputies next door were trying to locate some marked money relating to the drug bust at Wilson’s house and they might want to speak with Melton for a minute. Melton said he replied, “yes, sir.”

¶ 8. Melton, his fiancé, his daughter, her boyfriend, and Melton’s grandchild were standing in the front yard when Deputy Barefield approached and requested to see their money. They all complied with the request. None of the money matched the serial numbers of the marked money. Melton claims that at this point he requested that all of the law enforcement leave his property. Melton also claims that he told the officers that they were trespassing. Whether Melton made these statements is disputed.

¶ 9. Deputy Barefield testified that he communicated to Melton that the deputy would like to take a look around Melton’s yard in an effort to locate the missing money. Deputy Barefield testified that he explained to Melton that Melton had the right to refuse giving consent to the search. Wilson could have placed the money outside somewhere in his yard or in Melton’s adjacent yard as there was a few minutes delay between the purchase of drugs and the arrival of police. The deputy testified that Melton gave verbal consent to the search because Melton “stated okay.”

¶ 10. Melton either walked beside or trailed closely behind the deputy as the two walked along the fence line separating the two yards and into Melton’s backyard. Deputy Barefield became suspicious of some items on the ground in Melton’s yard. The items found in Melton’s yard included a two-liter bottle containing a white liquid substance, another bottle, and a piece of burnt tin foil. Melton stated he did not know what the objects were. One of the bottles had a strong ammonia smell. Deputy Barefield recognized that these items were used in the manufacture and use of methamphetamine.

¶ 11. The deputy communicated to Melton that information was received that Melton used his carport to manufacture methamphetamine. The original source of this information was not disclosed. Melton became visibly worried at this point and forbade any further access to his property including the carport, shed, and house. As soon as Melton made this statement denying further access without a search warrant, the deputy ceased any further search, departed from Melton’s property and proceeded to obtain a search warrant based only upon the items found in Melton’s yard. Other deputies watched the property while a search warrant was being obtained.

¶ 12. Based upon the suspicious items found in Melton’s yard, Deputy Barefield was able to obtain a search warrant for Melton’s property. A search of Melton’s carport and property revealed additional items which led to Melton’s arrest and [1071]*1071indictment. Deputy Barefield testified that the search warrant was obtained because of the items found in Melton’s yard and not based upon any previous information that Melton was involved with manufacturing methamphetamine. The missing money was later found at Wilson’s property-

¶ 13. The Mississippi Supreme Court has stated that law enforcement activities can be divided into three types:

(1) Voluntary conversation: An officer may approach a person for the purpose of engaging in a voluntary conversation no matter what facts are known to the officer since it involves no force and no detention of the person interviewed; (2) Investigative stop and temporary detention: To stop and temporarily detain is not an arrest, and the cases hold that given reasonable circumstances an officer may stop and detain a person to resolve an ambiguous situation without having sufficient knowledge to justify an arrest; (3) Arrest: An arrest may be made only when the officer has probable cause.

Dies, 926 So.2d at 918 (quoting Singletary v. State, 318 So.2d 873, 876 (Miss.1975)).

¶ 14. Melton is arguing that his interaction with Deputy Barefield should be classified as an investigatory detention.

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Bluebook (online)
950 So. 2d 1067, 2007 Miss. App. LEXIS 121, 2007 WL 656574, Counsel Stack Legal Research, https://law.counselstack.com/opinion/melton-v-state-missctapp-2007.