Nowell v. State

246 So. 3d 77
CourtCourt of Appeals of Mississippi
DecidedMay 1, 2018
DocketNO. 2016–KA–01778–COA
StatusPublished
Cited by4 cases

This text of 246 So. 3d 77 (Nowell 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
Nowell v. State, 246 So. 3d 77 (Mich. Ct. App. 2018).

Opinion

TINDELL, J., FOR THE COURT:

¶ 1. A Neshoba County jury convicted Jeremy Nowell of possession of at least two grams but less than ten grams of methamphetamine. See Miss. Code Ann. § 41-29-139(c)(1)(C) (Rev. 2013). On appeal, Nowell argues the circuit court erred by denying his motion to suppress evidence seized at the time of his arrest. Finding no error, we affirm Nowell's conviction.

FACTS

¶ 2. While on patrol in an unmarked police car on February 28, 2014, Officer Mark Gore of the Philadelphia Police Department initiated a traffic stop after he observed a seatbelt violation. During the traffic stop, Officer Gore discovered two *79pouches containing methamphetamine. Officer Gore testified that the first pouch fell from the pant leg of Nowell, the vehicle's passenger, and that the second pouch sat in plain view inside the car within arm's reach of the passenger-side area. A grand jury indicted Nowell for possession of at least two grams but less than ten grams of methamphetamine. At the beginning of Nowell's trial, the defense moved to suppress the evidence seized during the traffic stop.

¶ 3. During the suppression hearing, Officer Gore testified that he glanced into a car driving alongside him and noticed that neither the driver nor the passenger was wearing a seatbelt. Officer Gore stated he could clearly see inside the other car because his view was unobstructed. He also testified that it was about 2 p.m. to 3 p.m. in the afternoon and that there was plenty of daylight. Officer Gore pulled over the vehicle, which was driven by Meagan Stovall. Nowell sat in the car's front passenger seat. Neither Stovall nor Nowell owned the car. Instead, the car belonged to a friend of Stovall's named Ricky Stevens.

¶ 4. As Officer Gore approached the vehicle, he noticed that Nowell "had raised up in the seat in a bowed[-]type [position]" that allowed Officer Gore to see Nowell's head, shoulders, arms, and waist. Officer Gore testified that Nowell held "what appeared to be a glass pipe sticking out of something[,]" and he watched as Nowell stuck the pipe down the front of his pants. Officer Gore asked Nowell to exit the vehicle, and he explained to Nowell what he had seen. Officer Gore testified that Nowell became nervous, began talking more quickly and crossing his legs, and kept glancing at his feet. Officer Gore further testified that, during the conversation, several items fell from Nowell's pant leg and onto the ground in plain view. The items included a pouch, the glass pipe, and a clear plastic bag that contained a crystal-like substance. Based on his training and experience, Officer Gore believed the items constituted a controlled substance and drug paraphernalia. Officer Gore retrieved the items and then handcuffed and searched Nowell.

¶ 5. After securing Nowell, Officer Gore glanced through the open car door and observed a second pouch in plain view. Officer Gore testified that the pouch was "probably half on [Nowell's] seat and half on the middle part" of the car and that Nowell could even have been sitting on the pouch. Officer Gore seized the second pouch, which contained an electronic scale and another plastic bag with the same crystal-like substance.

¶ 6. For the purposes of the suppression hearing only, Nowell also testified about the events that occurred during the traffic stop. According to Nowell, the day of the arrest was his first time inside the car, and he stated he had only been in the car for about twenty minutes when Officer Gore initiated the traffic stop. Nowell testified that both he and Stovall were wearing their seatbelts when Officer Gore detained them. Nowell admitted that the first pouch containing the glass pipe and the plastic bag fell out of the bottom of his pants while he was speaking with Officer Gore. With regard to the second pouch, Nowell agreed that it was sitting in plain view inside the car and that it was within arm's reach of the passenger seat. However, contrary to Officer Gore's testimony that the pouch was sitting halfway on Nowell's seat and halfway on the middle part of the car, Nowell stated that the second pouch was actually sitting entirely on the center console by the vehicle's gear shift.

¶ 7. Based on Officer Gore's testimony about the seatbelt violation he observed, the circuit court found that probable cause *80existed for the traffic stop. The circuit court further determined that no impermissible search occurred that resulted in the discovery of the first pouch. In addition, the circuit court found the second pouch was in plain view inside a car to which Nowell possessed no ownership claim. The circuit court therefore denied the defense's motion to suppress.

¶ 8. Following the suppression hearing, Officer Gore testified again, this time in the jury's presence. After Officer Gore finished, the defense moved for a second suppression hearing related to an oral statement Nowell gave to the State's next witness, Mississippi Bureau of Narcotics agent K.C. Dotter. The defense argued the circuit court should suppress any evidence about the oral statement because Nowell was under the influence of methamphetamine at the time he made the statement.

¶ 9. During the second suppression hearing, Agent Dotter testified that he interviewed Nowell on the day of the arrest after Nowell signed a form to waive his Miranda1 rights. Agent Dotter testified that he used no promises or threats to induce Nowell's waiver and that Nowell did not appear to be under the influence of drugs or alcohol at the time he signed the waiver. Agent Dotter further stated that, had Nowell appeared incapacitated, he would have ended the interview. According to Agent Dotter, Nowell stated during the interview that the methamphetamine belonged to him rather than to Stovall.

¶ 10. The State called Officer Gore back to the witness stand during the second suppression hearing. Although Officer Gore had no way to test Nowell at the time of the arrest, Officer Gore stated that Nowell did not appear to be under the influence of drugs during the traffic stop. While Nowell became fidgety after Officer Gore explained that he had seen Nowell stick the pipe down his pants, Officer Gore testified that Nowell had initially appeared relaxed and calm when he approached the vehicle.

¶ 11. For the limited purpose of the second suppression hearing only, Nowell also retook the witness stand. Nowell testified that he remembered the traffic stop and being interviewed by Agent Dotter several hours after his arrest. However, Nowell stated he had taken methamphetamine about an hour prior to his arrest and that he was still under the drug's influence during the interview. Nowell therefore claimed he could not recall exactly what he had told Agent Dotter and that he could not remember reading the waiver form or being informed of the document's substance.

¶ 12. In ruling on the defense's motion to suppress Nowell's oral statement, the circuit court noted that, during the first suppression hearing, Nowell had testified in "great detail" about the events immediately preceding the traffic stop.

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Bluebook (online)
246 So. 3d 77, Counsel Stack Legal Research, https://law.counselstack.com/opinion/nowell-v-state-missctapp-2018.