Murray v. State ex rel. Tidwell

423 So. 2d 246, 1982 Ala. Civ. App. LEXIS 1370
CourtCourt of Civil Appeals of Alabama
DecidedNovember 10, 1982
DocketCiv. 3388
StatusPublished
Cited by1 cases

This text of 423 So. 2d 246 (Murray v. State ex rel. Tidwell) is published on Counsel Stack Legal Research, covering Court of Civil Appeals of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Murray v. State ex rel. Tidwell, 423 So. 2d 246, 1982 Ala. Civ. App. LEXIS 1370 (Ala. Ct. App. 1982).

Opinion

EDWARD N. SCRUGGS, Retired Circuit Judge.

This case concerns the condemnation of a van that was allegedly used in transporting 1,752 cans of beer in a dry county for the purpose of resale. § 28-4-285, Code 1975.

The owner and the driver of the van jointly filed a motion to suppress the evidence on the ground that the search and seizure here involved were invalid. After an ore tenus evidentiary trial before the circuit court upon that motion and upon the merits of the case, the trial court rendered a judgment which overruled the motion to suppress and condemned the vehicle.

Upon appeal, the defendants’ sole argument concerns the unconstitutionality of the search and seizure. Consequently, we shall limit the recital of facts herein to only those facts which pertain to that issue.

Joe Blankensop, a ten year beverage control agent for the A.B.C. Board offered the only evidence upon the question here involved. He was a most refreshing witness since he was apparently so straightforward, sincere, open, frank and honest in presenting his testimony. He testified that, approximately one month prior to June 12, 1981, another A.B.C. agent, Bill Ingram, whom he had known for ten years and who had provided reliable information to him on more than ten occasions which led to several arrests, told him “that there was a white % ton Chevrolet Van hauling into Winston County or through Winston County, and that one of the drivers or a driver probably would be Allen McGough.”

After agent Blankensop received that information, he began to look for a white three-quarter ton Chevrolet van. While working “transportation” at about 2:40 a.m. on June 12, 1981 in the company of the chief deputy sheriff, they were parked on the side of highway 195 in Winston County near the Walker County line. He observed a vehicle which matched the van’s description and he followed it. The van did not speed and it was driven in a normal, lawful manner at all times. The van did not appear to be loaded. It was not “setting low, or anything like that,” and there was nothing about it which “struck” the witness. He testified a number of times that he stopped the van solely because of the information which had been given to him by agent Ingram the previous month.

After stopping, Murray, the van’s driver, walked back towards the agent who asked Murray for his driver’s license, but he had none. The officer instructed Murray to “stand right there just a second, and I stepped around him and shined my flashlight” in the window of the van and saw Mrs. Murray. After another half step, the agent observed the beer behind the seats in plain view with no curtain or other obstruc[248]*248tion obscuring it. Agent Blankensop’s purpose or reason for shining his flashlight inside the van was for his personal safety as well as to see how much beer it contained.

He arrested the Murrays, charging them with transporting. There were 1,752 cans of beer in the van. Winston is one of Alabama’s dry counties.

Agent Blankensop did not personally know Murray or anyone whose name was furnished to him by agent Ingram as being a probable driver of the described van. He had no judgment as to the number of white Chevrolet vans which were situated in the state of Alabama, or in Walker or Winston counties.

Since he had worked there for the preceding ten years, he stated that he was familiar with the roads in Winston County, but he had no opinion of the number of routes which are used for hauling alcoholic beverages from Walker County into Winston County. He knows that highway 195 had been previously used for transporting prohibited beverages. Hauling is done at any and all times of the day or night; hence it would be normal or usual for alcoholic beverages to be transported in the early morning hours.

The fourth amendment protection against unreasonable searches and seizures applies in condemnation cases such as this. Berryhill v. State, 372 So.2d 355 (Ala.Civ.App.1979).

Our primary matter for decision is whether the stopping of the van was valid, for, if so, the plain view doctrine applied and the seizure of the van and beer was permissible. “If the officer first stopped the car, this of course requires a determination as to the lawfulness of the stopping....” LaFave, 2 Search and Seizure § 7.5, 591 (1978). The state seeks to justify the stopping and detention of the van for two reasons: first, that the agent had probable cause to do so and, second, that an authorized investigatory stop was made.

Probable Cause

To enable a law enforcement officer to validly stop a vehicle for the purpose of searching it, the officer must have probable cause to believe that the vehicle contains contraband or other evidence of a particular crime, or that it is involved in the commission of a crime. Coolidge v. New Hampshire, 403 U.S. 443, 91 S.Ct. 2022, 29 L.Ed.2d 564 (1971); Carroll v. United States, 267 U.S. 132, 45 S.Ct. 280, 69 L.Ed. 543 (1925). It is, therefore, necessary to determine whether, under all of the existent circumstances known by agent Blankensop at the time the van was stopped, he had reasonable cause to believe that that particular van was being so illegally utilized at that moment.

With regard to probable cause, in Henry v. United States, 361 U.S. 98, 80 S.Ct. 168, 4 L.Ed.2d 134 (1959), it was stated:

“Evidence required to establish guilt is not necessary. On the other hand, good faith on the part of the arresting officers is not enough. Probable cause exists if the facts and circumstances known to the officer warrant a prudent man in believing that the offense has been committed.” (Citations omitted.)

Here, agent Blankensop candidly admitted and stated repeatedly that the only reason that he stopped the van was because of the information which had been given to him one month earlier by the other officer. Agent Ingram did not specifically identify the van to him other than as previously stated and there is no evidence that he had any further or additional information concerning it at the time he stopped it.

The information which he possessed when the vehicle was stopped would have been totally insufficient as to probable cause to authorize the issuance of a search warrant. Spinelli v. United States, 393 U.S. 410, 89 S.Ct. 584, 21 L.Ed.2d 637 (1969). Further, there was no specific information conveyed to him that a specific white three-quarter ton Chevrolet van would be used in illegally transporting prohibited liquors or beverages at a particular time, place or route or even within a designated reasonable specified [249]*249time frame within the entire confines of Winston County. Because of the lapse of time of one month between receiving the information and its utilization, if it was otherwise adequate, the related facts became too stale to supply the requisite probable cause. It is clear that the information which agent Ingram provided to him was not for the purpose of arresting anyone for a past crime but was concerned only with the possible future commission of offenses.

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441 So. 2d 931 (Court of Civil Appeals of Alabama, 1983)

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Bluebook (online)
423 So. 2d 246, 1982 Ala. Civ. App. LEXIS 1370, Counsel Stack Legal Research, https://law.counselstack.com/opinion/murray-v-state-ex-rel-tidwell-alacivapp-1982.