Miller v. State

27 S.W.3d 427, 342 Ark. 213, 2000 Ark. LEXIS 451
CourtSupreme Court of Arkansas
DecidedOctober 5, 2000
DocketCR 00-336
StatusPublished
Cited by22 cases

This text of 27 S.W.3d 427 (Miller v. State) is published on Counsel Stack Legal Research, covering Supreme Court of Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Miller v. State, 27 S.W.3d 427, 342 Ark. 213, 2000 Ark. LEXIS 451 (Ark. 2000).

Opinion

Donald L. Corbin, Justice.

Appellants Stephen and Janette Miller were charged in the Washington County Circuit Court with manufacturing marijuana and possession of drug paraphernalia. Following the trial court’s denial of the Millers’ motion to suppress evidence seized pursuant to a search warrant, they both entered conditional pleas of guilty pursuant to Ark. R. Crim. P. 24.3. The Millers then appealed the trial court’s decision regarding the motion to suppress to the Arkansas Court of Appeals. The court of appeals affirmed the trial court’s ruling in a 5-4 decision. See Miller v. State, 69 Ark. App. 264, 13 S.W.3d 588 (2000). We granted the Millers’ petition for review of that decision pursuant to Ark. Sup. Ct. R. l-2(e)(i).' When we grant review following a decision by the court of appeals, we review the case as though it had been originally filed with this court. Fowler v. State, 339 Ark. 207, 5 S.W.3d 10 (1999), cert. denied, 120 S. Ct. 1558 (2000); Travis v. State, 331 Ark. 7, 959 S.W.2d 32 (1998). We find no error and affirm.

The record reflects that during the morning hours of October 22, 1998, the Millers were stopped for speeding on U.S. Highway 75 near Denison, Texas, by Officer Sharalin Fichtl. Upon stopping the Millers, Fichtl activated the video camera mounted on her patrol car’s dash that recorded the events of the stop and search. Fichtl asked Mr. Miller to step out of his vehicle so that she could talk to him. According to Fichtl, Mr. Miller appeared to be nervous and answered her questions in a rambling manner. Fichtl ran a warrants check on Mr. Miller and discovered that he had prior convictions for the sale of marijuana, possession of LSD, and possession of a weapon. She then inquired as to whether Mr. Miller was in possession of any weapons, drugs, or other contraband. Mr. Miller stated that he was not. Ficthl then asked if she could take a look in his car, and Mr. Miller agreed. He thereafter stated that he would like to be on his way, and Fichtl responded that if she did not find any contraband, he would be on his way shortly.

Fichtl went around to the driver’s side of the vehicle and immediately popped the latch to open the trunk. The search was interrupted, however, when Fichtl observed Mr. Miller reach into the trunk. Fichtl ordered him to back away from the vehicle, and she closed the trunk. Fichtl then called for backup before completing the search. She explained to the Millers that she had called for backup and would complete the search once another officer arrived on the scene. Once the backup officer arrived-, Fichtl resumed the search. Within about thirty seconds, she located a tin can under the front passenger seat of the car. An inspection of the can revealed that it contained marijuana. Fichtl then placed the Millers under arrest and advised them of their Miranda rights. After placing the Millers in her patrol car, Ficthl continued to search the vehicle. In the trunk, she found a wrapped package. She asked the Millers what was in the package, and they replied that it was a gift for Mrs. Miller’s sister. Fichtl then asked Mrs. Miller if she could open the box, and Mrs. Miller consented. Inside the box was approximately three pounds of marijuana. The Millers were then transported to the Grayson County Sheriff’s Office.

On October 23, 1998, Fichtl contacted Detective Mike Henderson of the Fourth Judicial District Drug Task Force in Fayetteville. Fitchl explained to Henderson that she had arrested the Millers the previous day. She told him about the marijuana and explained that it was found in a box with an address label containing' Mr. Miller’s name and address. She also told Henderson that there was an Amazing Grace newspaper from Fayetteville, dated October 21, 1998, in the box with the marijuana. Finally, Fichtl told Henderson that while in the police cruiser, Mrs. Miller stated that a friend had brought the package to their residence in Fayetteville and had given it to her to deliver.

After receiving this information, Henderson contacted Sergeant Kenny Yates and Detective Mike Reynolds who went to the Millers’ home. According to Yates, he and Reynolds went to the Millers’ residence to determine if the friend mentioned by Mrs. Miller or anyone else was at the home. The officers knocked several times on the front door. After receiving no response, the officers went around to the back door of the residence and knocked again. According to Yates, when he stepped onto the back porch, he smelled the strong odor of marijuana coming from the home. He also noticed small pots, potting soil, and plant food on the back porch. While Yates and Reynolds left to obtain a search warrant, Detectives McCarville and Huddler were assigned to watch the residence.

While conducting surveillance from a parking lot next door to the Millers’ residence, McCarville observed a garden in the Millers’ backyard with six marijuana plants growing in the garden. McCarville contacted Yates with this information, who in turn notified Henderson, who was preparing the affidavit in support of a search warrant. After reviewing the affidavit, Judge Ray Reynolds issued a search warrant for the Millers’ residence. Upon executing the search warrant, police discovered marijuana in a sealed container in the kitchen, marijuana growing in the attic, as well as the six marijuana plants growing in the garden. Several weapons and drug paraphernalia were also seized from the residence. The Washington County Prosecuting Attorney charged the Millers with manufacturing marijuana and possession of drug paraphernalia. The Millers filed a motion to suppress the evidence seized from their home, and the denial of that motion is the subject of this appeal.

For reversal, the Millers argue that the trial court erred in denying their motion to suppress the evidence seized from their home because such items were the fruit of an illegal search and seizure. Specifically, they contend that the search of their vehicle was illegal, and therefore, the information given to the police in Fayetteville was tainted and could not support the search warrant. Appellants further contend that the police searched their home without probable cause in violation of the Fourth and Fourteenth Amendments of the United States Constitution, as well as Article 2, § 15, of the Arkansas Constitution.

When reviewing a trial court’s ruling on a motion to suppress, we view the evidence in a light most favorable to the State, make an independent determination based on the totality of the circumstances, and reverse only if the ruling was clearly against the preponderance of the evidence. Mazepink v. State, 336 Ark. 171, 987 S.W.2d 648, cert. denied, 120 S. Ct. 321 (1999); Fultz v. State, 333 Ark. 586, 972 S.W.2d 222 (1998).

Search of Vehicle in Texas

We address the validity of the vehicle search first. The Millers do not challenge that Officer Fichtl lacked a valid reason to stop them; rather, it is their contention that Fitchl conducted a warrantless search of their vehicle, and that none of the exceptions to the warrant requirement were present. They argue that any consent given for the search was the result of coercion by Fichtl.

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Bluebook (online)
27 S.W.3d 427, 342 Ark. 213, 2000 Ark. LEXIS 451, Counsel Stack Legal Research, https://law.counselstack.com/opinion/miller-v-state-ark-2000.