State v. Hughes

899 S.W.2d 92, 1994 Mo. App. LEXIS 1714, 1994 WL 594281
CourtSupreme Court of Missouri
DecidedOctober 31, 1994
DocketNo. 19224
StatusPublished
Cited by5 cases

This text of 899 S.W.2d 92 (State v. Hughes) is published on Counsel Stack Legal Research, covering Supreme Court of Missouri primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Hughes, 899 S.W.2d 92, 1994 Mo. App. LEXIS 1714, 1994 WL 594281 (Mo. 1994).

Opinion

FLANIGAN, Judge.

The trial court, after a jury-waived trial, found defendant guilty of trafficking drugs in the second degree, § 195.223,1 RSMo Supp. 1993, (Count I), and possession of more than 35 grams of marijuana, § 195.202, RSMo Supp.1993, (Count II), and he was sentenced to concurrent sentences of twelve years’ imprisonment on Count I and three years’ imprisonment on Count II. Defendant appeals.

Both charges arose out of events which occurred on February 18, 1993, at the Greyhound bus terminal in Springfield. This proceeding was initiated by an indictment. In a prior proceeding, initiated by an information containing the same charges as the indictment, defendant filed a motion to suppress certain evidence. A hearing was held on that motion before Judge Don Bonacker who sustained it in part and overruled it in part. The state dismissed the prior proceeding.

Defendant filed a motion to suppress items, including those items which Judge Bo-nacker had suppressed. The trial court overruled the motion. Defendant waived trial by jury and the case proceeded to trial.

[95]*95Defendant’s first point is that the trial court erred in not suppressing the items of evidence which Judge Bonacker suppressed in the first proceeding. Defendant argues that this ruling deprived him of “due process” and the benefit of the doctrine of collateral estoppel. Similar contentions were raised and rejected in State v. Beezley, 752 S.W.2d 915 (Mo.App.1988) and State v. Pippenger, 741 S.W.2d 710 (Mo.App.1987).

In Pippenger, the court held that the doctrine of collateral estoppel did not apply because the prior adjudication (in this case Judge Bonacker’s ruling) was not a judgment on the merits. The court said that a ruling on a motion to suppress evidence prior to trial is interlocutory in nature and is not binding on future proceedings. The court pointed out that the state has a “discretionary right to dismiss a case at any time” and could refile the charges so long as double jeopardy has not attached. Defendant was not in jeopardy at the time of the ruling on the motion. In Beezley, this court, with Judge Maus dissenting, agreed with Pippen-ger on similar facts. Defendant’s first point has no merit.

Defendant’s second point is that the trial court erred in overruling his motion to suppress physical evidence (marijuana, cocaine in base form, and a baggage claim ticket) and his statements, because the evidence was obtained in violation of his rights under the Fourth, Fifth, and Fourteenth Amendments to the U.S. Constitution, and Article I, §§ 15 and 19 of the Missouri Constitution, in that: (a) defendant was detained, although the officers lacked an adequate basis to form a reasonable, articulable suspicion of ongoing criminal activity to justify his detention, defendant was detained in part because he was African-American, defendant was illegally detained by a show of authority which conveyed the message that compliance with the officer’s request was required, and statements made by defendant were given while he was unlawfully detained; (b) defendant’s suitcase was detained, seized and searched without warrant, probable cause, or reasonable articulable suspicion, the seizure of the suitcase was not sufficiently limited in scope and duration, the search and the seizure of his suitcase were unconstitutional as fruits of the poisonous tree due to the preceding unconstitutional detention of defendant; and (c) the state did not sustain its burden of proving that defendant’s consent to the search of his person and his suitcase was voluntary and, in any event, the consent was not sufficiently attenuated to be purged from the taint of the officers’ unconstitutional conduct.

Appellate review of a ruling on a motion to suppress is limited to determining the sufficiency of the evidence to sustain the trial court’s finding. State v. Villar-Perez, 835 S.W.2d 897, 902[9] (Mo. banc 1992). The weight of the evidence and the credibility of the witnesses are matters for the trial court’s determination. Id. at 901. The appellate court considers the facts and the reasonable inferences of those facts in the light most favorable to the trial court’s ruling. State v. Rodriguez, 877 S.W.2d 106, 110[11] (Mo. banc 1994).

The appellate court will reverse only if the trial court’s judgment is clearly erroneous. State v. Milliorn, 794 S.W.2d 181, 183[5] (Mo. banc 1990). “If the trial court’s ruling is plausible in light of the record viewed in its entirety,” the court “may not reverse it even though convinced that had it been sitting as the trier of fact, it would have weighed the evidence differently.” Id. at 184. For the reasons which follow, this court holds that the trial court did not err in overruling defendant’s motion to suppress.

On February 18, 1993, Detective Mark Deeds and Detective Dana Carrington of the Springfield Police Department, and Carl Hicks, a narcotics investigator with the Drug Enforcement Administration, were working together under a program entitled “Proactive Common Carrier Interdiction.” They were watching the Greyhound bus station in Springfield for narcotics couriers carrying drugs. They were interested in the 12:20 p.m. bus because it originated in Los Angeles and was eastbound. In the past the officers had made “large drug seizures from this bus,” 25 or 30 seizures prior to this one.

Deeds saw defendant, a 17-year-old black male, walk to a pay phone. After defendant used the phone, Deeds engaged him in conversation. Deeds told defendant he was a [96]*96police officer and showed him his badge and asked if he minded if he spoke with him a few minutes. Defendant said he did not mind.

Deeds testified: “The fact that defendant is black was not one of the factors that led to my initial attention toward him. I conducted a pat-down search of his outer body. I thought he might be armed because he was wearing baggy pants and a baggy jacket. I asked him if he would mind if I patted him down, and he raised his arms up.”

Deeds asked where he was going, and defendant said “Fort Wayne, Indiana.” Defendant said he was traveling from Los An-geles. Defendant showed Deeds his bus ticket, which was a one-way ticket which had been purchased for cash at 5:12 p.m. on February 16, 1998, in Los Angeles. Deeds testified that people involved in trafficking controlled substances will go to the bus terminal “at the last minute, at the time they begin traveling, and will pay with cash and purchase a one-way ticket.” Deeds gave the ticket back to defendant. Defendant told Deeds he did not have any luggage on the bus and was on his way to a family reunion in Fort Wayne where he would stay two or three days.

Defendant gave Deeds his real name and said that he did not have any identification. Deeds thought it was strange that defendant didn’t have any luggage.

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Cite This Page — Counsel Stack

Bluebook (online)
899 S.W.2d 92, 1994 Mo. App. LEXIS 1714, 1994 WL 594281, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-hughes-mo-1994.