Shannon v. North Mississippi Narcotics Unit

815 So. 2d 1255, 2002 Miss. App. LEXIS 240, 2002 WL 863159
CourtCourt of Appeals of Mississippi
DecidedMay 7, 2002
DocketNo. 2001-CA-00624-COA
StatusPublished
Cited by1 cases

This text of 815 So. 2d 1255 (Shannon v. North Mississippi Narcotics Unit) 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
Shannon v. North Mississippi Narcotics Unit, 815 So. 2d 1255, 2002 Miss. App. LEXIS 240, 2002 WL 863159 (Mich. Ct. App. 2002).

Opinion

THOMAS, J., for the Court.

¶ 1. An Infiniti automobile, $265 in cash and a pistol were taken as confiscated property consequent to the arrest of Jermaine Shannon. The confiscation of the automobile and the cash was denied by the county court. However, the circuit court overruled that decision, upholding the confiscation of the property. Aggrieved, Bernard Shannon, Jermaine’s brother, asserts several issues which we have summarized as the following all inclusive issue:

THE CIRCUIT COURT ERRED IN REVERSING THE COUNTY COURT’S REFUSAL TO STRIKE THE PETITIONS TO RECOVER SEIZED PROPERTY AND ORDER TO RETURN THE SEIZED PROPERTY.

Finding no error, we affirm.

FACTS

¶ 2. On August 7, 1997, the North Mississippi Narcotics Unit (Narcotics Unit) [1257]*1257set up and executed a controlled buy of crack cocaine from Jermaine Shannon utilizing a confidential informant. The informant purchased the crack from Jermaine at his residence, 1198 Hilda Road, Tupelo, Mississippi. As a result of this drug buy, a search warrant was issued and executed on Apartment # 4,1198 Hilda Road.

¶ 3. The search began on August 7, the same day of the drug buy, and continued into the early hours of August 8. The officers discovered a Lorcin 380 caliber pistol, approximately forty-four rounds of 380 caliber bullets, a razor blade with cocaine residue on it, the title to a 1990 Infiniti Q-45 automobile and $265 in cash as a result of the search. All of these items were found in Jermaine’s bedroom, with the exception of the razor blade, which was found in the kitchen.

¶4. During the search on August 7, Jermaine arrived at the premises driving the Infiniti. At that time, a search was conducted on both Jermaine’s person as well as the Infiniti. The search of the Infiniti produced numerous receipts for repairs to the Infiniti, Jermaine’s driver’s license, Blockbuster membership card, and a bill stub from Tupelo Water and Light which listed Jermaine’s name and address.

¶ 5. It is also relevant to note that Jermaine’s brother, Bernard Shannon, also arrived at the premises during the search. When asked how he arrived, Bernard explained that at that time he was returning from work and had walked five miles during late night hours and a heavy rainstorm. At no time during the search of the apartment and the Infiniti did Bernard claim ownership of the Infiniti. In fact, the officers questioned Bernard as to the repairs made on the Infiniti and he had no idea that repairs had taken place. Bernard also had no idea of the actual purchase price paid for the Infiniti.

¶ 6. Subsequent to this search, Jermaine was arrested and later pled guilty to possession of cocaine and possession of cocaine with intent to sell, transfer or distribute cocaine. Jermaine was sentenced to twenty years in the custody of the Mississippi Department of Corrections and ordered to pay a $5,000 fine with $4,000 suspended on the intent to sell charge and three years in the custody of the Mississippi Department of Corrections and ordered to pay $5,000 with $4,000 suspended on the possession charge. Sentences are to run concurrently.

¶ 7. While the Infiniti was titled in Bernard’s name, to the extent that he had signed the back of the title, it had not been filed with the appropriate state agency. Bernard did not have possession of the title, nor control of the car. The receipts found in the Infiniti totaled over $1,500 and the only name found on any of the receipts was that of Jermaine Shannon. Officer Bunn interviewed the prior owner of the Infiniti, who explained that he sold the automobile to Jermaine. Jermaine himself testified at the forfeiture hearing that he had no legal job at the time he bought the Infiniti or in the months beforehand. He further admitted that selling drugs was his primary source of income at that time.

¶ 8. On August 11, 1997, Officer Bunn issued a notice of intent to seize the Infini-ti, pistol, ammunition and $265 in cash based on the collective information gathered during the search and investigation. On August 22, 1997, attorney Brian Neely filed a petition to recover seized property and contest forfeiture, naming Jermaine as the petitioner and listing the Infiniti and the $265 in cash as the property to be recovered. On September 29, 1997, Neely filed an amended petition to recover seized property and contest forfeiture, naming both Jermaine and Bernard as petitioners [1258]*1258and listing the Infinitó and $265 in cash to be recovered as well as $3,000 in actual damages. None of the petitions filed by Neely were personally signed by either Jermaine or Bernard.

¶ 9. The county court held that all of the property confiscated at the time of Jermaine’s arrest should be returned to Bernard and Jermaine. On appeal, the circuit court overruled that decision, upholding the confiscation of the property.

ANALYSIS

DID THE CIRCUIT COURT ERR IN REVERSING THE COUNTY COURT’S REFUSAL TO STRIKE THE PETITIONS TO RECOVER SEIZED PROPERTY AND ORDER TO RETURN THE SEIZED PROPERTY?

¶ 10. The relevant portions of Miss. Code Ann. § 41-29-153, state as follows:

(a) The following are subject to forfeiture:
(1) All controlled substances which have been manufactured, distributed, dispensed or acquired in violation of this article;
(2) All raw materials, products and equipment of any kind which are used, or intended for use, in manufacturing, compounding, processing, delivering, importing, or exporting any controlled substance in violation of this article;
(3) All property which is used, or intended for use, as a container for property described in paragraph (1) or (2) of this section;
(4) All conveyances, including aircraft, vehicles or vessels, which are used, or intended for use, to transport, or in any manner to facilitate the transportation, sale, receipt, possession or concealment of property described in paragraph (1) or (2) of this section ...
(5)All money, deadly weapons, books, records, and research products and materials, including formulas, microfilm, tapes and data which are used, or intended for use, in violation of this article
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Miss.Code Ann. § 41-29-153 (Rev.2001).

¶ 11. The administrative proceedings of a forfeiture are fleshed out in Miss.Code Ann. § 41-29-176, and Miss.Code Ann. § 41-29-179. The relevant portions of Miss.Code Ann. § 41-29-176 state as follows:

(1) When any property other than a controlled substance, raw material or paraphernalia, the value of which does not exceed Ten Thousand Dollars ($10,-000.00), is seized under the Uniform Controlled Substances Law, the property may be forfeited by the administrative forfeiture procedures provided for in this section.

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815 So. 2d 1255, 2002 Miss. App. LEXIS 240, 2002 WL 863159, Counsel Stack Legal Research, https://law.counselstack.com/opinion/shannon-v-north-mississippi-narcotics-unit-missctapp-2002.